Some of our readers may have heard about a tragic accident that happened in Interstate 40 Sunday morning. When their car broke down on the side of the interstate, the 21 and 19-year-old occupants got out of the vehicle, presumably to determine what happened. Soon, a 20-year-old passerby stopped off to see if he could help. Unfortunately, another driver heading in their direction lost control of his vehicle and slammed into all three pedestrians.
The 21-year-old and 20-year-old were both killed in the car accident. The 19-year-old was at the University of Tennessee Medical Center in critical condition as of yesterday morning.
Losing a loved one in an accident like this devastating and heartbreaking. Many families who find themselves in a similar situation find it hard to make sense of what happened. How could this driver have lost control at the exact place their loved one was stopped? While nothing will ever make a fatal accident right, it is possible to hold the driver accountable through a wrongful death lawsuit.
After this accident, police determined that the driver was operating his vehicle without a license. On top of that, he does not have insurance. Although he has been charged with vehicular assault and two counts of vehicular homicide, some families of accident victims want to take action of their own after a fatal crash.
Unlike in a criminal case in which charges must be proven beyond a reasonable doubt, in a civil case a family must only prove that it is more likely than not that a driver caused the death of their loved one. If successful, a wrongful death lawsuit can hold a negligent driver further accountable while providing financial compensation for the family of an accident victim.
Source: WBIR, “KPD: Driver who hit 3 pedestrians didn’t have license,” April 28, 2014