Statistics show that driving or riding in a motor vehicle has become increasingly dangerous. Despite improved safety technology in vehicles, driver safety awareness and defensive driving programs, vehicle related fatalities continue to rise in the US. According to the National Safety Council (NSC), US vehicle fatalities in 2017 exceeded 40,000 for the second straight year. According to the Tennessee Department of Safety, there were 1,009 traffic fatalities in the state and 37,264 injuries in traffic crashes in 2016, and by mid-December 2017, there were 994 traffic fatalities. Common Causes of Vehicle Fatalities The most frequently cited causes of vehicle fatalities are (1) distracted driving (texting, emailing), (2) driving under the influence of drugs or alcohol (3) reckless and aggressive driving. In lesser order are: failing to yield the right of way, tailgating, poor weather conditions, dangerous and/or damaged roadways, driver fatigue and vehicle manufacture defects. What Constitutes A Wrongful Death Claim? While every state in the US has a wrongful death statute, the specific aspects of these laws vary from state to state. It’s essential to have an attorney who has substantial experience with wrongful death law in Tennessee. Typically, a wrongful death claim will require you to show several elements, including:
  • Another driver caused an accident that resulted in the death of your family member or loved one:
  • The other driver acted negligently, wrongfully, or was otherwise at fault in causing the
  • accident;
  • The deceased family member is survived by a spouse, child, or other dependents or heirs; and,
  • There are monetary damages–– and in some cases non-monetary damages–– as a result of your loved one’s death.
A wrongful death claim cannot bring back a loved one, but it can help to compensate the victim’s family for costs associated with a sudden death. To file such a claim, you must be a member of the victim’s family. A knowledgeable attorney is a valuable asset to the person making a wrongful death claim. Massengill, Caldwell & Coughlin, P.C. aggressively pursues compensation on behalf of wrongful death victims in the Tri-Cities area of Tennessee and Virginia. With more than 100 years of combined legal experience, we have the knowledge and skills to represent your best interests when negotiating with insurance companies or litigating your case in court to obtain fair compensation for your financial and emotional losses. Call us today at 423-201-4208 or contact us online to schedule an initial consultation.