Tennessee Pedestrian Fatality: Understanding Your Rights in a Wrongful Death Lawsuit

The heartbreaking reality is that pedestrian fatalities are a persistent problem in Tennessee. In 2021, Tennessee reported 1,512 pedestrian-involved crashes, highlighting the vulnerability of those on foot. If you have lost a loved one in a pedestrian accident, you may be grappling with immense grief and uncertainty. This article aims to provide a comprehensive understanding of your rights and legal options in pursuing a wrongful death lawsuit in Tennessee.

What is a Wrongful Death Lawsuit?

In Tennessee, a wrongful death lawsuit is a civil action brought against a person or entity whose negligence, recklessness, or intentional act caused the death of another person. It is separate from any criminal charges that may be filed. Even if criminal charges are not filed or result in an acquittal, a civil wrongful death claim can still be successful. A wrongful death claim seeks compensation for the losses suffered by the surviving family members as a result of the death.

Who Can File a Wrongful Death Lawsuit in Tennessee?

Tennessee law specifies who can file a wrongful death lawsuit. Generally, the following individuals have the right to file a claim:

The deceased person’s spouse
If there is no surviving spouse, the deceased person’s children or next of kin
The deceased person’s personal representative

It’s important to note that the order of priority matters. If there is a surviving spouse, they generally have the first right to file the lawsuit.

Statute of Limitations: Act Quickly

Time is of the essence in a wrongful death case. In Tennessee, the statute of limitations for filing a wrongful death lawsuit is one year from the date of the injury that resulted in death, not necessarily one year from the date of death. This is a critical distinction. If the injury and death occur on the same day, then the one-year period begins on that day. However, if the person was injured on September 1st and died on September 2nd of the following year, the statute of limitations would expire on the first September.

Failing to file a lawsuit within this timeframe will likely result in the case being dismissed, preventing any recovery of damages. It is crucial to consult with an attorney as soon as possible to ensure compliance with the statute of limitations and to begin gathering evidence to support the claim.

What are the Elements of a Wrongful Death Claim?

To successfully pursue a wrongful death claim, certain elements must be proven:

Duty of Care: The at-fault party owed a duty of care to the deceased. For example, drivers have a duty to obey traffic laws and drive safely.
Breach of Duty: The at-fault party breached that duty through negligence or wrongful action. This could include speeding, distracted driving, driving under the influence, or failing to yield the right-of-way.
Causation: There must be a direct causal link between the breach of duty and the pedestrian’s death.
Damages: The death resulted in quantifiable damages, such as funeral expenses, lost income, and loss of companionship.

Common Causes of Tennessee Pedestrian Fatalities

Several factors contribute to pedestrian fatalities in Tennessee. Understanding these causes can help raise awareness and prevent future accidents:

Distracted Driving: Drivers distracted by cell phones, passengers, or other devices are less likely to notice pedestrians.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of injuries in a collision.
Impaired Driving: Alcohol and drug use impairs judgment and coordination, making drivers more likely to cause accidents.
Failure to Yield: Drivers failing to yield the right-of-way to pedestrians at crosswalks or intersections.
Poor Infrastructure: Lack of sidewalks, crosswalks, and adequate lighting in certain areas increases the risk for pedestrians.
Driver Error: Non-compliance with traffic signals.

Understanding Tennessee’s Comparative Fault Law

Tennessee follows a modified comparative fault rule. This means that if the deceased pedestrian is found to be partially at fault for the accident, the damages awarded to the family may be reduced by the percentage of fault attributed to the pedestrian. However, if the pedestrian is found to be 50% or more at fault, the family will not be able to recover any damages.

For example, if a pedestrian crosses the street outside of a designated crosswalk and is struck by a speeding driver, a jury might find the pedestrian 20% at fault and the driver 80% at fault. If the total damages are $100,000, the family would receive $80,000.

Damages Recoverable in a Tennessee Wrongful Death Lawsuit

In a successful wrongful death lawsuit, the surviving family members may be entitled to recover various types of damages, including:

Funeral and burial expenses
Medical expenses incurred prior to death
Lost wages and future earnings the deceased would have earned
Loss of consortium: This includes loss of love, companionship, affection, and sexual relations (for a spouse).
Loss of parental guidance and support (for children)
Pain and suffering experienced by the deceased prior to death
Punitive damages may be awarded in cases where the at-fault party’s conduct was particularly reckless or egregious.

The amount of damages awarded in a wrongful death case can vary significantly depending on the specific circumstances of the case, such as the age and earning capacity of the deceased, the nature of the relationship between the deceased and the surviving family members, and the degree of fault of the at-fault party.

The Importance of Legal Representation

Navigating the complexities of a wrongful death lawsuit can be overwhelming, especially while grieving the loss of a loved one. An experienced Tennessee wrongful death attorney can provide invaluable assistance by:

Investigating the accident and gathering evidence to support the claim
Identifying all potential at-fault parties
Negotiating with insurance companies
Filing a lawsuit and representing the family in court
Calculating the full extent of damages
Guiding the family through the legal process and providing emotional support

Safety Tips for Pedestrians in Tennessee

While pursuing legal action is essential after a pedestrian fatality, preventing such tragedies is paramount. Here are some safety tips for pedestrians in Tennessee:

Use sidewalks whenever available.
Cross streets at designated crosswalks or intersections.
Obey traffic signals and pedestrian signals.
Look left, right, and left again before crossing the street.
Make eye contact with drivers before crossing.
Wear bright clothing, especially at night.
Avoid distractions, such as cell phones, while walking.
Be aware of your surroundings.
Walk on the left side of the road, facing traffic, if there are no sidewalks.

Conclusion

Losing a loved one in a pedestrian accident is a devastating experience. While no amount of money can replace the loss, a wrongful death lawsuit can provide financial security and a sense of justice for the surviving family members. If you have lost a loved one in a pedestrian accident in Tennessee, it is crucial to understand your rights and legal options. Contacting an experienced Tennessee wrongful death attorney can help you navigate the legal process and pursue the compensation you deserve.