Fox 17 News Nashville reported on May 24, 2017 that a Mississippi driver of a large truck was killed when his semi-truck veered off the road and into a line of trees. The accident happened early in the morning on the southbound lane of Interstate 65 in Robertson County. The southbound lane was closed until investigators could investigate the scene and the roadway could be cleared.
The driver of the semi was carrying metal pipes. The Tennessee Highway Patrol had not, as of the date of the report, determined why the driver left the highway. The police did indicate that the weight of the truck and the cargo contributed to making clearing the truck from the roadway difficult.
Issues raised in this type of Tennessee truck accident
The truck driver and his family may have a wrongful death claim against the State of Tennessee, Robertson County, or a local governmental agency for improper maintenance or repair of the roadways. Claims against the state or a governmental subdivision such as a county must be brought within one year from the date of the accident.
It may also be possible to hold the trucking company liable if it can be shown that they failed to follow the laws or industry standards on securing cargo or because they overloaded the truck.
Some additional issues that could affect the wrongful death case are:
- Damage caps. Tennessee, in 2011, enacted a law which caps non-economic damages in personal injury and cases at $750,000. If a death occurred, such as in this case, the non-economic damage is capped at one million dollars. Non-economic damage is generally the damage that can’t be readily quantified. Pain and suffering is the most common type of non-economic damage, as is emotional distress.
- Wrongful death claim. In addition to funeral bills and the lost income the decedent would have provided the family members, the beneficiaries are entitled to several other types of damages. These extra damages include the pain and suffering suffered by the family members due to the death of their loved one and the loss of the decedent’s love, companionship and society.
- The semi-truck driver was a resident of Mississippi. His family would then have the right to bring a case against the wrongdoers in federal court as well as state court.
If anyone you know was injured in a truck crash, do not assume that you don’t have a case. Often our Gladiators in Suits bring valid claims when others wouldn’t. The Rocky McElhaney Law Firm works with investigators, traffic reconstruction experts, the police, and others to aggressively determine who was at fault. To discuss you claim now, please call our truck accident lawyers in Nashville, Hendersonville and Knoxville at 615-246-5549. You can also schedule an appointment through our contact form.