Wrongful Death Lawsuits after a Truck Accident in Tennessee

By Thomas Greer | December 3, 2015

Wrongful Death Lawsuits after a Truck Accident in Tennessee If your loved one was involved in an accident with a large, commercial truck and they were in a passenger vehicle, it is unlikely that they ever stood a chance against such a massive vehicle. Facing the unexpected death of a loved one is never easy, but knowing that they died due to the negligence of another makes the pain that much more difficult to bear. Whether the driver of the commercial truck that caused the accident was drunk, distracted or drowsy behind the wheel, if their negligence was the cause of the accident, you may be able to take legal action against the driver, the trucking company and any other third party that might have contributed to the accident.

Large, commercial trucks such as 18-wheelers and semis cause thousands of accidents each year in the U.S. According to the Federal Motor Carriers Safety Administration, only 4 percent of the registered vehicles in the U.S. were large trucks and buses, yet they account for 12 percent of traffic fatalities. In 2012, there were 4,183 fatalities in 3,072 crashes that involved large trucks or buses. Of all of the truck accidents that occurred in 2012, 6 percent involved driver distraction as a factor, of which 11 percent of those was related to the use of a cell phone.

If your loved one was killed in a truck accident in Tennessee, you and your family might be considering filing a wrongful death action against the truck driver, the trucking company and any other party that might have any legal responsibility for the accident. For example, if the cause of the accident can be traced to faulty brakes or maybe a defective steering mechanism, the manufacturer of that equipment may be liable in part for the accident. If the trucking company used a maintenance company to manage the maintenance requirements, and they were negligent in keeping the truck in top mechanical shape, they might also be liable in the wrongful death action.

What kinds of damages are available in wrongful death lawsuits?

In Tennessee, there can only be one wrongful death action for the death of an individual. A spouse, a parent, a child or a personal representative on behalf of a minor child may file a wrongful death lawsuit. There are the various kinds of damages that are available in a wrongful death case in Tennessee:

  • Pain and suffering
  • Medical expenses
  • Funeral and burial expenses
  • Lost income
  • Damages for the loss of consortium suffered by the surviving loved ones of the deceased.
  • Punitive damages may be available in the case of “the most egregious of wrongs,” according to the Supreme Court of Tennessee (Hodges v. S.C. Tool & Co., 833 S.W.2d 896, Tenn. 1992.)

Our compassionate attorneys can advise you of your options given the facts and circumstances of your case. When you choose the right law firm to work with, we can put all of our experience and resources to work to make sure that you get the best settlement possible. We know that there is no amount of money that will come close to replacing the life of your loved one, but a settlement can represent justice and help bring a sense of closure after such a tragic loss, and help you take care of your family in the future.

The statute of limitations for filing a wrongful death action is one year in Tennessee, so it is vital that you contact an experienced Memphis wrongful death attorney from the law firm of Bailey & Greer right away to discuss your case in a free consultation. You are welcome to contact us to speak with one of our West Tennessee truck accident lawyers in Jackson or Memphis.

Posted in Truck Accidents, Wrongful Death