Failure to Yield Right of Way Results in Teen Pedestrian's Death

A fatal truck accident out of Nashville this month is highlighting the importance of driver vigilance, especially when pedestrians are present, because not only are these types of accidents life-changing but also incredibly preventable as well. It’s a fact many of our readers here in Morristown likely know because of their own personal experiences and probably have an incredible amount of sympathy for the Nashville family that is dealing with this fact for themselves this month.

The serious accident occurred at the intersection of Church Street and Rosa Parks Boulevard as the teen tried to cross the street in the crosswalk. According to Tennessee police, the traffic light had turned, signaling an okay for the teen to cross the street. But when the teen began crossing the street, police say a semi-truck struck her, causing her to suffer fatal injuries. Although emergency responders tried to resuscitate the girl, her injuries were too severe and she was pronounced dead at the scene.

Even though many of our readers are aware of the fact that visibility is limited in large semi-trucks, they also know that drivers here in Tennessee, as well as in other states across the nation, are required by law to be aware of their surrounding at all time. And although the 45-year-old truck driver claims that his failure to yield right of way was because he did not see the teen prior to the collision, he could still be found negligent depending on what the district attorney turns up on the case.

As many of our readers know, criminal litigation is not the only way accident victims and their families can receive a sense of justice in pedestrian accident cases such as this. Oftentimes, when wrongful death is suspected, legal actions can be taken and compensation sought. For the 17-year-old victim’s family, this could become their next move, especially if future criminal proceedings do not yield the sense of justice they deserve.

Source: WTVF-TV News, “Hume-Fogg Student Struck, Killed By Semi-Truck,” Dec. 20, 2013

Brack Terry

Attorney F. Braxton “Brack” Terry has the legal skill, integrity, and trial experience to offer a high level of professional services to all of our East Tennessee clients. He strongly believes in the importance of strengthening and preserving civil advocacy throughout Tennessee’s legal community.