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The Tennessee Department of Health recently suspended all new resident admissions to a nursing home in Limestone, TN ...
Kinnard, Clayton & Beveridge attorney Daniel L. Clayton was recently recertified as a civil trial advocate by the ...
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We are excited to announce that Kinnard, Clayton & Beveridge partners Randall L. Kinnard, Daniel L. Clayton, and Mark S. ...
Tennessee man killed in alleged DUI accident
Posted By Kinnard, Clayton & Beveridge || Sep 16, 2014
On Sept. 9, a male motorcyclist was involved in an accident at the Memphis intersection of Swinnea Road and Shelby Drive. As a result of the accident, the motorcyclist reportedly suffered multiple injuries, including severe bleeding in the brain, and he ultimately died on account of his accident-related injuries.
Authorities said that police charged a man with DUI in connection with the incident. According to police documents, the license of the alleged drunk driver had been revoked since October 2007 due to multiple DUI convictions. Authorities reported that the man has four DUI convictions on his record.
If evidence from this case substantiates the alleged notion that a drunk driver caused the accident, then the family of the decedent may wish to retain a personal injury lawyer and pursue civil action. For, certain family members of victims in fatal auto accidents may be entitled to wrongful death compensation in the event that the crash was caused by the actionable behavior of another party, such as a drunk driver. Furthermore, criminal prosecution of the drunk driver does not preclude the bereaved family members from pursuing a wrongful death claim against the same defendant, as criminal cases are adjudicated independently from civil cases.
In order to prevail in a wrongful death lawsuit, the claimants and their attorney must prove that the drunk driver should be held accountable for the fatal event, citing the driver's actionable behavior. Toward this end, the attorney may proffer evidence and information adopted from the police investigation as well as evidence obtained through independent investigations. If successful, bereaved family members may be awarded compensation for end-of-life expenses as well as lost earnings related to the death of their loved one.