Nashville Fatal Car Accidents
The United States is notoriously known for having a high car crash death rate. Although the death rate for crashes in the United States has decreased over the past several years, we are still well below the average 56% decrease amongst other high-income countries. According to the Center for Disease Control and Prevention, if the United States would keep pace with other countries in terms of reducing its car accident death rate, over 18,000 lives would be saved each year. Unfortunately, fatal car wrecks happen far too often. If you have lost a loved one due to the negligence of a careless driver in the Nashville area, the Nashville fatal car accident lawyers at Nahon, Saharovich & Trotz may be able to assert a wrongful death claim on your behalf. Our team of 30 attorneys and over 120 staff members is ready to take your call and let you know how we may be able to help your family in this time of sorrow.Asserting a Wrongful Death Claim After a Fatal Car Accident
In Tennessee, wrongful death claims may be asserted when a death occurs by reason of a wrongful act, omission, or killing by another. For example, if a careless driver runs a stop sign on West End Avenue resulting in the death of another driver or pedestrian, a wrongful death claim can be filed against the driver that caused the collision. Between 2015 and 2016, there were 147 traffic fatalities in Davidson County, according to the Tennessee Department of Safety & Homeland Security.
Under Tennessee law, for a fatal car accident case to be successful, the plaintiff, which could be the surviving spouse or administrator of the decedent’s estate, must show that the defendant driver was negligent in operating the vehicle. In doing so, the plaintiff must prove four essential elements to satisfy the burden of proof.
First, the plaintiff will need to show that the defendant driver owed the decedent a duty of care. In most situations, anyone driving on the road owes the other drivers around them a duty to drive safely. Second, it must be proven the defendant driver breached that duty of care. Many times this can be established by showing the defendant took action that would place him or her at fault; i.e. following too closely, failing to maintain a safe lookout, speeding, or failing to yield the right-of-way. Third, the plaintiff needs to show that the defendant’s breach of duty directly and proximately caused the accident to occur. Last, the plaintiff must prove damages.
Any time a fatal crash occurs, it is important to contact a knowledgeable fatal car accident lawyer in the Nashville area immediately to discuss your options. Tennessee’s wrongful death statute dictates who can and cannot bring a wrongful death claim. The statute also confirms the elements of damages that may be available, as codified in Tenn. Code Ann. § 20-5-113. They include damages for the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries, as well as damages resulting to beneficiaries, including loss of consortium.Retain a Fatal Car Accident Attorney in the Nashville Area
No amount of money can compensate those affected by the loss of a loved one. However, when a loved one dies in a wreck, family members are often left with lots of expenses. For example, these include medical bills, burial costs, and funeral expenses. Depending on the deceased’s employment status, the family may have less income to pay the mortgage, utilities, and other household expenses. The Nashville fatal car accident attorneys at Nahon, Saharovich & Trotz have the resources to provide you and your family the attention you deserve, and we have helped families for over 30 years throughout Tennessee, Arkansas, Kentucky, Mississippi, and Missouri, including in Nashville, Memphis, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Call our office at 800-529-4004 or complete our online form to schedule your free consultation. For people who need a truck or car wreck attorney, NST is the way to go.