Fatal Car Accidents in Tennessee

Legal Guidance for Grieving Families

Losing a loved one in a car accident is one of the most painful and life-altering experiences any family can endure. In a matter of seconds, families are left facing not only the devastating emotional impact of their loss but also unexpected financial burdens and difficult legal questions. At The Law Offices of John Day, P.C., we support grieving families across Nashville, Davidson County, and all of Middle Tennessee as they work through the legal aftermath of a fatal crash. From our offices in Brentwood, Nashville, and Murfreesboro, we stand ready to help surviving spouses, children, and parents pursue accountability and compensation in the wake of a tragic loss.

If your loved one was killed in a crash caused by someone else’s negligence or recklessness, you do not have to navigate the legal system alone. We are here to advocate for your family with clarity, compassion, and strength.

The Devastating Reality of Fatal Car Accidents

Fatal motor vehicle accidents are heartbreakingly common in Tennessee. According to the Tennessee Department of Safety and Homeland Security, hundreds of lives are lost on our state’s roads each year. These crashes are often caused by preventable behavior, including impaired driving, distracted driving such as texting while behind the wheel, speeding, failure to obey traffic signals, and driver fatigue. Some collisions are the result of adverse weather conditions, while others stem from defective vehicle components or negligence by commercial trucking companies.

Each of these scenarios could have been avoided. Families deserve not only answers but also a legal avenue to pursue justice and ensure accountability for the loss of their loved one.

What Is a Wrongful Death Claim?

Under Tennessee law, when a person dies due to the negligence or misconduct of another person or organization, surviving family members may bring a wrongful death claim. This type of civil lawsuit is governed by Tennessee Code Annotated sections 20-5-106 through 20-5-113. A wrongful death claim seeks compensation both for the losses suffered by the deceased person prior to death and for the economic and certain defined emotional losses experienced by surviving family members. It is important to understand that a wrongful death action is separate from any criminal case and serves the purpose of helping families recover financially and achieve a sense of closure.

Who Can File a Wrongful Death Claim in Tennessee?

Tennessee law establishes a clear order of priority for who may bring a wrongful death claim. First, the right typically belongs to the surviving spouse of the deceased. If there is no surviving spouse, the right passes to the deceased’s children, or if there are no children, to the next of kin. In situations where the deceased person was a minor or an unmarried adult, the claim may be brought by one or both parents. If none of these individuals are available or able to pursue the claim, the administrator or executor of the deceased’s estate may file the lawsuit.

Although only one person or representative is authorized to bring the claim, any financial recovery may be shared among eligible family members, based on the losses they each sustained. Our firm helps families navigate this process with sensitivity and legal precision.

Time Limits: Tennessee’s Wrongful Death Statute of Limitations

Like all legal claims, wrongful death cases must be filed within a specific time period. In most situations, Tennessee law imposes a one-year statute of limitations from the date of the incident causing injuries which result in the death of the deceased person., as set forth in Tennessee Code Annotated section 28-3-104. Some lawyer’s websites state that the deadline is one year from the date of the death.  Those websites are wrong unless the date of incident and the date of death are the same day.

For example, if Bill is involved in a truck wreck on July 1, 2025, his wife has one year from the date of the wreck to either settle the case or file a lawsuit against the responsible persons or companies.  However, if Bill is involved in a truck wreck on July 1, 2025 and dies from injuries received in the wreck on July 10, 2025, his wife must take legal action before July 1, 2026 (the date of the wreck).  If his wife waits until, say, July 2, 2026 to take legal action(because she assumes she has one year from the date of death) she will have missed the applicable deadline and whatever rights she had will have been lost.  Because these time-sensitive rules vary depending on the facts, it is critical to speak with a knowledgeable attorney as soon as possible. Missing the deadline could result in losing the right to seek compensation, regardless of the strength of your case.

Damages Available in a Fatal Car Accident Case

A wrongful death claim in Tennessee may seek two categories of damages. First are the damages on behalf of the deceased person. These may include medical expenses incurred between the time of injury and death, the conscious pain and suffering endured by the deceased, any wages they would have earned, funeral and burial costs, and the loss of enjoyment of life they experienced from the time of the injury until the date of death. 

Second are the damages on behalf of surviving family members. These damages recognize the profound and lasting impact the loss has on those left behind. Survivors may recover for the loss of financial support, loss of services the deceased would have provided, the loss of companionship, love, and emotional support, and the loss of parental guidance for children. The amount of compensation depends on many factors, including the age and health of the deceased, their earning capacity, and other factors. 

Proving Liability in a Fatal Accident

To succeed in a wrongful death claim, the plaintiff must prove that the responsible party owed a duty of care to the deceased, that the duty was breached through negligent or reckless conduct, that this breach directly caused the death, and that the death resulted in quantifiable damages. This legal standard applies whether the at-fault party was another driver, a business entity, or a government agency.

Our attorneys investigate every case thoroughly to uncover the evidence needed to meet this burden of proof. This often involves reviewing police reports, analyzing crash scene data, speaking with witnesses, securing expert testimony, and reviewing dashcam or surveillance footage.

Common Defendants in Fatal Car Accident Cases

Fatal car accident cases can involve a wide range of defendants. In many instances, the responsible party is another driver who was speeding, driving distracted, impaired by alcohol or drugs, or otherwise violating the rules of the road. Commercial drivers and the companies that employ them may be liable if a truck or delivery vehicle caused the crash. Employers may also be held accountable when a negligent employee causes a fatal crash while on the job.

Bars or restaurants that over-serve alcohol to visibly intoxicated patrons may face liability under Tennessee’s dram shop law. Government entities may be at fault if poor road design, missing signage, or malfunctioning traffic signals contributed to the crash. In some cases, the manufacturer of a defective vehicle or vehicle component may be liable under Tennessee’s product liability laws.

The Role of Comparative Fault

Tennessee applies the doctrine of modified comparative fault, including in wrongful death cases. If  the deceased person was partially at fault for the accident, the family may still recover damages as long as the deceased was less than fifty percent at fault. However, the total award will be reduced by the percentage of fault assigned to the deceased.  

This makes preserving evidence and building a strong case even more important. Insurance companies often try to shift blame to the deceased in order to minimize their liability. Our legal team works with accident reconstruction specialists and forensic experts to challenge those arguments and protect your family’s right to compensation.

How The Law Offices of John Day, P.C. Can Help

We know that no amount of money can replace your loved one, but pursuing a wrongful death claim can provide much-needed financial security and a sense of justice. Our attorneys approach every fatal accident case with care, diligence, and respect for the family’s grief. We start by conducting a detailed investigation, including analysis of police reports, video footage, medical records, and cell phone or GPS data. We work with accident reconstruction experts to determine the exact cause of the crash and preserve evidence before it disappears.

Our firm collaborates with economists, financial consultants, and vocational experts as appropriate to ensure that the full scope of your family’s loss is accurately calculated. Whether the case involves a trucking company, a government entity, or a large insurer, we manage the complex legal process on your behalf, ensuring that all notices, deadlines, and procedural requirements are met. We prepare every case for trial from the beginning, which gives us strong leverage during settlement negotiations and a strategic advantage if court proceedings become necessary.

Wrongful Death vs. Criminal Charges

Many families wonder whether a civil lawsuit is still appropriate if the at-fault driver is being prosecuted criminally. It is important to understand that a wrongful death claim is separate from a criminal case. A criminal case, such as one involving DUI or vehicular homicide, is brought by the government and may result in jail time, fines, or license suspension. A wrongful death lawsuit, on the other hand, is a civil claim for financial compensation, brought by the family.

Even if the driver is not charged criminally or is acquitted, your family may still be able to recover damages in civil court. The standard of proof in civil cases is lower than in criminal trials, making it possible to hold the responsible party accountable even if a conviction is not secured.

Serving Families Across Middle Tennessee

Our attorneys serve families in every corner of Middle Tennessee. We represent clients in Nashville, Brentwood, Franklin, Murfreesboro, Columbia, Lebanon, Smyrna, Gallatin, and across Davidson, Williamson, Rutherford, Sumner, Wilson, Maury, and Cheatham counties. Our knowledge of the local roadways, courts, and legal practices allows us to move cases forward with confidence and care.

Frequently Asked Questions

Many families have questions when deciding whether to pursue a wrongful death case. One common question is whether a lawsuit is still worthwhile if the deceased had life insurance. The answer is yes. Life insurance does not replace the full range of damages available in a wrongful death lawsuit, such as compensation for lost companionship, and lost wages.

Another frequent question involves timing. Some cases settle within months, but others, especially those involving government agencies or large corporations, will  take a year or longer. Our firm works efficiently but always prepares for trial if a fair settlement cannot be reached.

Finally, families often ask whether they will need to pay anything upfront. At The Law Offices of John Day, P.C., we handle wrongful death cases on a contingency fee basis. This means you owe nothing unless and until we recover compensation for you.

Contact The Law Offices of John Day, P.C. Today

If you have lost a family member in a fatal car accident, we offer our deepest condolences. We understand how devastating this time can be, and we are here to help guide you with compassion, clarity, and purpose. Let us help you honor your loved one’s life by pursuing justice and holding the responsible parties accountable.

Call us today at 615-742-4880 or reach out online to schedule a free, confidential consultation. There is no obligation, and you will not pay any legal fees unless we recover compensation on your behalf.