Drunk Driver Causes Tragic Wrongful Death of Two Passengers

By Thomas Greer | April 16, 2015

Motor vehicle accidents are the number one cause of accidental death in the U.S. However, when the accident is the result of the negligent or reckless behavior of another person it makes a sad situation even more tragic.

In early April 2015, two passengers died when the car they were riding in crashed into a Memphis church. Driver Tyrell Scott was traveling on Chelsea Avenue when the vehicle spun out of control, left the street and crashed into the building. The driver, who has a lengthy criminal record, is in critical condition. Scott faces counts of vehicular homicide, DUI, driving on a suspended license, reckless driving, public intoxication and driving without insurance according to WMC Action News. Unless he has significant assets from which to recover the value of the wrongful death claim, the family might never recover compensation.

Filing a wrongful death suit in Tennessee

In order to bring a successful wrongful death claim after a fatal car accident there are a few requirements that must be in place. The accident must have been caused by the negligent actions of a person other than the deceased. The driver who is at fault in the accident must have adequate insurance or sufficient personal assets to compensate the relatives who are making the claim. Finding the other driver at fault is only the first step.

In Tennessee the surviving spouse of the deceased person may file a wrongful death claim. If the deceased is not married, then family members in the following order may make a claim:

  • Any surviving children or next of kin
  • Personal representatives of the decedent’s estate
  • Surviving parents or grandparents, if the deceased was dependent on his parents or grandparents at the time of death
  • The administrator of the decedent’s estate

Be mindful that there is a one year statute of limitations for a wrongful death claim in Tennessee, so do not delay in taking action.

After the passing of a loved one in a car accident, you want to meet with a knowledgeable personal injury attorney who will review your case and let you know what your rights are. Please contact Bailey & Greer, PLLC to discuss your case. We proudly serve clients in and around Memphis, Jackson and West Tennessee.

Posted in Auto Accidents, Blog, Wrongful Death