Last year, a police officer in Tennessee was responding to a request for help from a fellow officer at around 3 p.m. The officer responding to the request was racing to aid his colleague and ran a red light. Unfortunately, he did not have his sirens on and he did not have his emergency lights activated, both of which are required by department policy. The officer’s vehicle collided with a Mercury Mystique and caused two of the passengers in the Mercury to die and two to suffer serious injuries. Those killed included a 13-year-old and a 54-year-old.
On February 20, Officer.com reported that the officer involved in the accident had been fired after the conclusion of an investigation by the Tennessee Bureau of Investigation. The results of the investigation had also been reported to the District Attorney who is still considering whether to press charges. The victims of the accident are also suing the Tennessee police department for damages.
Our Knoxville, TN personal injury attorneys believe this accident is a tragic example of what can occur when a government official is careless in protecting the public. We are also concerned that the accident victims in this tragic case will not be fairly compensated as a result of Tennessee’s Governmental Tort Liability Act.
Understanding Tennessee’s Governmental Tort Liability Act
Government agencies and government employees have always been provided with limited protection from immunity so they can do their jobs without worrying about being sued. Prior to 1974, this protection – called sovereign immunity – was used routinely to shield the government from a variety of lawsuits. The doctrine of sovereign immunity is an old one, with roots in English common law that said the sovereign/ king could do no wrong.
Of course, sometimes government agencies do make mistakes and do infringe upon the rights of citizens. Like anyone else, they need to be held accountable. As such, the Governmental Tort Liability Act was passed in order to make it possible to file a lawsuit against the government in certain circumstances.
The problem, however, is that the Act imposes a limit on the amount of damages that can be paid out. The limits of the Governmental Tort Liability Act mandate that:
This means, unfortunately, that although there were two deaths and two people seriously injured, the government will only have to pay out a maximum of $700,000 to compensate the victims.
This is a small amount of money for the loss of two lives, considering accident victims are able to obtain compensation for funeral expenses, medical costs, loss of companionship and other wrongful death damages. Unfortunately, $700,000 also doesn’t go very far in compensating people who have suffered serious, lifelong and permanent injuries that will require ongoing medical care.
As this tragic accident shows, therefore, the rights of accident victims are severely restricted by the Governmental Tort Liability Act. Unfortunately, with further restrictions passed on victims’ rights by lawmakers in 2011, it also seems unlikely that the laws will change in favor of the victims any time soon. Those who are injured by a government official in Tennessee, therefore, are best served by an immediate consultation with an experienced personal injury or wrongful death law firm.
If you have been injured, contact G. Turner Howard III, Attorney at Law at (844) G3-Help-Me or 865-558-8030.
