Life is full of daily decisions that usually do not result in life or death consequences. Unfortunately, depending upon the situation and surroundings, even a simple decision to cross an intersection could result in a tragic ending. Recently, the death of one Tennessee woman could have surviving family wondering if there is a basis for pursuing a wrongful death.
Tennessee police filed charges against a driver believed to be responsible for causing the death of a 30-year-old woman who was attempting to cross an intersection during the overnight hours. According to the report, the victim was crossing at what has been described as a busy intersection when she entered the charged driver's lane. It is unknown whether the 24-year-old driver took any evasive actions to attempt to avoid striking the woman.
When police arrived, the victim was still lying in the road. The driver purportedly admitted to having smoked marijuana several hours prior to the accident. He also failed to pass a drug test that was administered some time after the deadly collision.
The driver has been charged with homicide by vehicle along with a DUI offense. He reportedly has no previous criminal record and is awaiting further court proceedings. The victim's family members are understandably devastated by their loss and will likely struggle to cope with their grief for years to come. Tennessee is a comparative negligence state, which means that a victim's survivors may seek to recoup their financial losses through a wrongful death civil suit as long as the victim is found to be less than 50 percent responsible for the fatal collision.