Seven-Year-Old Boy Killed, Family Seriously Hurt In Winchester Crash
In a tragic accident that occurred right before the New year, a seven-year-old boy was killed on site in a car accident in Winchester, approximately 88 miles southeast of Nashville. Police say that Aaron and Lynette Hill and their seven-year-old twin sons, John and James, were stopped in their minivan at the red light where Highway 41 intersects with Bypass Road, when a Kia sedan driven by 83-year-old Mary Parks rear ended them. It is reported Parks was driving at over 90 miles per hour. The force of the crash knocked the family’s mini-van all the way across the intersection into oncoming traffic, where they hit another truck.
One of the children died on impact, while his twin brother and father suffered serious injuries and were flown to Vanderbilt University Medical Center in Nashville. The elderly woman, Parks, was also transported to Vanderbilt University Medical Center, where she also died a few days later. No one inside the pickup truck was injured. Police are calling the incident an accident.
Wrongful Death Cases for Children
In a typical wrongful death suit, surviving members of the family member killed files a lawsuit against the wrongdoer whose actions caused the accident that killed their loved one. The damages a family member is entitled to are based on the deceased family member’s earning potential and the future loss of income. It is always heartbreaking when a parent outlives a child, and very difficult to measure the potential earnings of a deceased child.
Lawsuits based on a child’s death must be filed by a parent or legal guardian. In Tennessee, even if the parents were divorced, and even if one of the parents had been granted sole custody of the child, they must share the wrongful death proceeds equally. Adoptive parents may also recover for the wrongful death of a child if the child was legally adopted.
While the State of Tennessee caps emotional distress damages, there are no general caps on wrongful death lawsuits.
Contact Our Skilled Attorneys for Help
As illustrated by the story above, driving at 90 mph into a stopped car is arguably very negligent. This negligence caused one family a lifetime of grief and trauma. At the law office of Calhoun Law, PLC, our attorneys are compassionate, aggressive, and caring. If your child has been killed or injured due to someone’s negligence, do not hesitate to contact us immediately. Consultations are free and confidential.