Although the overall rate of fatal car accidents in the United States has been dropping over the last ten years, the death rate associated with car accidents in Tennessee has increased, especially in 2010 from 986 recorded deaths in 2009 to 1,031 deaths the following year. Although this is a small percentage difference, it is quite alarming that many people still die
when other states has recorded a dramatic decline in car accident death statistics. Over 20 percent of all recorded crashes involve cellphones. Because of this, the state of Tennessee bans all drivers from text messaging while driving. It is also an amenable ground for a wrongful death case in Tennessee.
Wrongful Death Claim for Car Accidents in Tennessee
If you have a family member who’s been involved in a car crash which resulted in death, it is important to immediately find a lawyer and file for a wrongful death claim. Wrongful death lawsuits refer to a situation in which a person is killed because of someone else’s negligent behavior. In terms of car accidents, it could be because of drunk driving, distracted driving and failure to abide by traffic laws and so on. When a person dies as a result of a car accident, their families suffer from both emotional and financial losses. The wrongful death lawsuit can help them move forward and get compensated for the loss of their loved one. Although this too, cannot ease the pain and the suffering that families go through at such time, they would at least be able to gain financial security.
Proving a Wrongful Death Case
Before families can file a wrongful death claim, they must be able to prove that the person who caused the accident also performed a negligent act that has led to the death of their family member. In Tennessee,
a lot of people do not pursue legal action because they are usually overwhelmed by the fact that they believe no financial compensation can bring their deceased family member back. Although this fact is true, it is important that you practice your rights. A wrongful death claim can ensure that the survivors get justice and obtain some financial security. Now, in order to successfully win your case, it is important that you file the case immediately after the accident occurred. Now, here are some of the key factors that your lawyers would have to prove in order to win the case:
- ·Duty of Care
Duty of care is one of the key factors that helps prove
the defendant’s liability. This means that your lawyers would have to collect evidence that proves that the person at fault has legal obligations to perform certain duties that could protect the life of the victim. For example in a
car accident, drivers have legal obligations to other drivers and their passengers. Drivers are legally obligated to follow all the traffic laws including avoiding drinking and driving, distracted diving, and other unsafe driving habits.
- ·Breach of Duty
Now, as mentioned before drivers have legal obligations to all drivers, passengers and pedestrians and if they fail to deliver this duty, that is a clear breach of duty. This means that if the driver was found drunk or used their cellphone while driving, then it is clearly a breach of duty. Your lawyer would now have to show situations that the perpetrator of the crime may have done that could’ve saved the life of the victim. For example, if the driver was not drunk, he could’ve responded in a faster manner to prevent the collision.