Church Van Crash Victims' Families Sue Driver Who Crossed Center Line

February 01, 2013

Church van crash victims' families sue driver who crossed center line

The families of a teenage girl and a youth pastor who died when their church van was struck head on by another vehicle on Chapman Highway have sued the driver they say is responsible for causing the crash. The 21-year-old man was allegedly driving under the influence when police say he crossed the center line in his sport utility vehicle and struck the church van head-on, killing a 16-year-old and a 45-year-old, and injuring 12 others. Investigators reported that they found drugs in the man's SUV. The families behind the lawsuit are claiming damages of $10 million each, WATE news reported, saying they hope to keep the man from driving again.

Compensation for Tennessee traffic accidents

People who cause traffic accidents in Tennessee that result in injuries can be held liable in a personal injury lawsuit based on a legal concept known as negligence. A person's actions can be considered negligent when he or she behaves carelessly or recklessly and causes an injury as a result. In traffic accident cases, common examples of negligent behavior include:
-Driving under the influence of alcohol or drugs
-Speeding or disobeying traffic laws
-Distracted driving, such as texting or talking on a cellphone while driving

When a person causes a car accident by driving negligently, he or she can be financially liable for the damage that other people suffer as a result. This means that the person who caused an accident can be required to pay for an injured person's medical and rehabilitative costs, as well as other damages resulting from the accident, such as lost income.

In some cases, a person who has been injured in a Tennessee traffic accident can receive compensation even if he or she was partially responsible for causing the accident. This is because Tennessee law uses a system of comparative fault. Put simply, this means that an accident victim's right to recover financial compensation for an injury is reduced by the extent to which the victim was at fault in causing the accident.

For example, imagine Driver A makes an illegal right turn into a busy intersection and is struck by Driver B, who is heavily intoxicated and driving far above the speed limit. A jury may find that Driver A is 10 percent at fault in causing the accident and that Driver B is 90 percent at fault. If Driver A suffered injuries in the crash amounting to $10,000, his compensation reduced by ten percent, the amount of his fault. In this scenario, Driver A would receive $9,000 in compensation.

Tennessee wrongful death

Just as Tennessee drivers can be liable for the nonfatal injuries they cause, they can also be held liable in a wrongful death lawsuit if they cause accidents that result in death. A wrongful death lawsuit is a legal claim brought by the deceased person's next of kin, typically his or her surviving spouse, child or parent. Damages in a Tennessee wrongful death case are calculated based on the losses that the family suffered as a result of the death, and may include things such as medical and funeral costs, loss of support and lost prospect of inheritance.

To learn more about seeking compensation after a Tennessee traffic accident, contact an experienced personal injury lawyer in your area.

Article provided by Fox & Farley
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