Wrongful death claim a possibility after pedestrian is killed

One would consider park-like areas, such as the Shelby Farms Greenline, as safe places to walk or cycle. This is, however, not always true, as illustrated by the death of a 69-year-old Tennessee man during the third week of September. Authorities hope to find video footage of the accident, as it does not appear there were any witnesses. It remains to be seen if the information that is gathered will form the basis for criminal charges and/or a civil wrongful death claim.

The victim was walking his dog at the time of the accident. He was hit by a minivan and died at the accident scene. The driver of the van remained at the scene of the accident, and her vehicle was later towed away. At this time, it is still unclear if the driver was speeding or possibly distracted. She did receive a citation as she did not have insurance.

Many regular users of the Greenline are now expressing concerns for their safety. One person has indicated that he has been hit twice before -- once while walking and the other time while cycling. Change is called for, with calls for greater vigilance, the instillation of a red light or speed bumps.

Tennessee law allows for the legal estate of the deceased victim to file a wrongful death claim against the minivan driver and possibly against others. The safety of people using the Greenline should be a priority.  As the family struggles to recover from the shock, they will be well served by gaining an understanding of their legal rights. This will help them to take the steps necessary to seek monetary relief through our court system based upon appropriate proof of negligence.

Source: wmcactionnews5.com, "Man killed while walking dog on the Greenline identified", Jerica Phillips, Sept. 20, 2016

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