 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Belcher v. State11/25/2003
I.
On Sunday morning, August 12, 1990, Mr. Belcher was driving to church with his wife. The Belchers were traveling eastbound in the center lane of Interstate 40 through Knoxville. The road conditions were described as good.
Two 18-wheeler trucks slowly passed the Belchers on either side as the three vehicles approached the 17th Street overpass. Meanwhile, Mr. Wilson and the occupants of his vehicle were traveling ahead of the Belchers in the far left-hand lane. Mr. Wilson was lost; on the instructions of one of his passengers, Mr. Wilson slowed his vehicle and attempted to switch lanes in order to exit the interstate. Mr. Wilson then moved into the center lane of the interstate.
The Belchers crested a hill over the 17th Street overpass. Approximately 475 feet from the apex of the hill, the Belchers' vehicle struck the rear of Mr. Wilson's vehicle.
All that Mr. Belcher could recall of the accident was hearing a noise and waking up leaning over the steering wheel with his vehicle in the median of the interstate. Mr. Belcher did not remember ever seeing the Wilson vehicle. In her deposition, Mrs. Belcher recalled the following:
s we were going along all at once this light-colored car appeared right in front of us and there was not enough time between the time that I saw the car in front of us that I had any time to say anything or do anything before we hit it. . . . The way was open in front of us and we were driving along and then all at once this light-colored car was right in front of us.
The Belchers stated that they were driving the speed limit of 55 mph at the time of the accident.
Mr. Wilson and one of his passengers stated that Mr. Wilson had been driving 55 mph, then slowed to 50 mph to allow a truck to pass him. He then saw a car behind him, but could not get out of its way because it was going approximately 75 or 80 mph. Another passenger in Mr. Wilson's vehicle stated that, as he was looking out the rear window to assist Mr. Wilson in changing lanes, he saw the Belcher vehicle "going real fast" just before the accident occurred.
The parties later stipulated that the difference in speed of the two vehicles at the time of the collision was 45 mph and that the brake light filaments of Mr. Wilson's vehicle indicated that his brake lights "were on at or very near the time of impact."
As a result of the accident, the Belchers sustained serious injuries. Mrs. Belcher's injuries were particularly severe; she suffered a broken neck and pinched spinal column, resulting in paralysis. The police officer who investigated the accident determined that Mr. Wilson did slow his vehicle for traffic, but that his driving did not contribute to the accident. Instead, the officer determined that Mr. Belcher's action in following too closely contributed to the accident.
On August 8, 1991, the Belchers filed a claim for damages against the State with the Tennessee Claims Commission. In their claim, the Belchers alleged that the State negligenly designed, approved, and maintained a dangerous and defective roadway and that this condition caused the accident in which the Belchers were injured. Before the claim was heard before the Claims Commission, the Belchers passed away. Their daughter and executrix, Beverly Ritchie, was substituted in their place.
The case was heard on March 28, 2001. At the hearing, the Belchers' expert witness, Don Moore - a civil engineer specializing in traffic operations and transportation and a certified accident reconstructionist - testified that the design of the highway leading up to the accident scene violated two standard
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|