Semi Slams Into Mazda, Killing Woman and Toddler
Lillian Michelle Clarke, of Miramar, Fla., and toddler Catherine R. Howard, of Lexington, Ky were killed Tuesday when 61 year-old Ben Edward Parrot of Jellico, Tennessee crashed the semi-truck he was driving into a Mazda in which the two aforementioned victims, along with three others who survived the crash, were sitting. A wreck earlier in the day had caused traffic to back up and come to a stand-still in the northbound lanes of I-75 around mile marker 122. For a reason that is either unknown or has yet to be released, Mr. Parrot drove into the traffic jam in his semi without stopping, obliterating the Mazda and causing it to crash into two more cars although the occupants of those cars received minimal injuries. Criminal charges are reportedly pending against the driver of the semi.
This is terrible tragedy, and prayers and condolences go out to all of the victims involved and their families.
The Dangers of Semi-Trucks
Semi-trucks present a unique danger on America's roadways for a variety of reasons. First, they are by far the biggest vehicles on the road and thus have a destructive capacity far beyond that of a normal car or truck even when driven safely. Second, they are on the road constantly, which means the threat of an accident involving a semi-truck is always present almost everywhere in America. Third, rivers of these trucks are also under deadlines just like anyone at any job and so they often drive long hours without stopping or drive at a higher rate of speed than they should in order to make it to their next destination on time. Finally, such trucks, due to their size and purpose, require special training and skills to be possessed by their drivers in order to be driven safely. This means that any lapse in concentration or moment of negligence can prove fatal for anyone who has the misfortune of being near one of these vehicles on the roadways.
Recovery for Victims
In order to attempt to prevent accidents like the one detailed above and to compensate victims of such accidents for their losses, Tennessee imposes a duty on everyone that uses the roadways to drive safely. Some violations of this duty are punished through the criminal law but most breaches of the duty to drive safely end up being addressed civilly in the form of personal injury claims. Where a driver's negligence or recklessness causes injury to someone on the roadway, Tennessee law provides several different types of remedies depending on the behavior of the driver and the injuries suffered by the victims.
The types of damages awarded most often are compensatory damages. These damage awards basically require the driver (and often the company for which he or she works) to compensate the victims for the injuries they have suffered and the expense caused by those injuries, such as medical expenses, lost wages, etc. Where a victim has died as a result of the driver's conduct, he or she may also be found liable in a wrongful death suit which would impose liability on the driver for other expenses such as loss of life of the victim.
Tennessee also allows punitive damage awards in rare circumstances when the conduct is extremely egregious. These are awarded in auto accidents when the driver's conduct is intentional, reckless, or malicious and seek to punish the driver and deter other people from engaging in such conduct in the future. They are not limited to the amounts of damages sustained by the victim and look to other factors for determination such as the net wealth of the defendant(s).
Appropriate damages in this case will not be ascertainable until the cause of the accident is determined. However, tragedies such as this situation make clear the need to protect innocent motorists from the wrongful conduct of semi-truck drivers and trucking companies and reinforce the importance of protecting and compensating motorists to the fullest extent possible.
