Tennessee Man Dies After Hit-and-Run in Kentucky
A man from Clinton, Tennessee died this past Wednesday night after a car struck him while crossing the street in Lexington, Kentucky. Police are still searching for the driver, who fled the scene. This is a classic and tragic example of what is known as a hit-and-run. From both a criminal law and injury law standpoint, commission of a hit-and-run is one of the absolute worst decisions that someone can make while driving a vehicle. The criminal consequences are discussed in today’s criminal blog on www.tennesseecriminallawyerblog.com, while this article deals with the potential consequences should a hit-and-run lead to a personal injury lawsuit.
A driver who is responsible for a hit-and-run will potentially be liable for both compensatory and punitive damages, which can be based on several different theories of recovery. Compensatory damages are awarded to compensate the plaintiff (or the plaintiff’s estate or heirs) for damages actually suffered by the plaintiff as a result of the defendant’s conduct. This can include medical expenses, loss of life, lost wages, etc. In a hit-and-run case involving a pedestrian, these damages are likely to be substantial.
Punitive damages are awarded to punish the defendant and deter similar conduct in the future. For punitive damages to be awarded in Tennessee as a result of an auto accident, the plaintiff must prove that the defendant acted intentionally, fraudulently, recklessly, or maliciously in causing the accident. Where a driver strikes a pedestrian, biker, or another vehicle with his car and then flees the scene, the jury is likely to find that such conduct was reckless or malicious, especially if the injuries to the plaintiff could have been mitigated, or death prevented, had the driver stopped at the scene and assisted the victim. Punitive damage awards are not limited to the amount of damages sustained by the plaintiff, so the sums awarded for punitive damages can be enormous, especially considering that the juries who award such damages are unlikely to look favorably upon the party at fault in a hit-and-run.
There are several theories upon which damages can be awarded in a personal injury suit deriving from a hit-and-run. One theory is that the driver responsible for the accident was negligent, meaning he or she did not drive as a reasonable person would which led to the accident. The driver’s conduct could also qualify as one of the types of conduct noted above that allows for punitive damage awards if it went beyond mere negligence. The driver could also be looking at liability in a wrongful death suit, depending on the circumstances, if the defendant’s negligent conduct was the cause of the plaintiff’s death. There are additional theories that the defendant may be sued under depending on the circumstances of the hit-and-run, but the point is that the commission of such an act will give rise to an extraordinary amount of liability in the civil law arena. Drivers who have struck someone or something with their vehicle should always choose the more prudent course and stop to assist any injured victims rather than attempting to flee the scene.
Source: http://www.wbir.com/news/local/story.aspx?storyid=105293&catid=2
