When can a driver expect to face criminal charges after a wreck in Tennessee?

Nashville, TN – There were news reports that a man was killed in Nashville while checking on an accident victim [1].

Fatal accident reported on Interstate 40

On Thursday night, a tragic accident occurred on Interstate 40 in Nashville, resulting in the death of 29-year-old Jacobo Hernandez. Hernandez was driving a 2013 Honda CRV with a woman and an 18-month-old boy when he lost control of his vehicle due to heavy rain. His SUV collided with the center median and came to a stop in a travel lane.

Hernandez, concerned for the child in the backseat, climbed into the rear of the vehicle to check on him. At that moment, a 2016 Dodge Ram pickup truck crashed into the back of the disabled Honda. The impact ejected Hernandez through the rear window, killing him at the scene.

The woman and baby boy inside the SUV suffered non-life-threatening injuries, while the 24-year-old driver of the pickup was unharmed. Two other passengers in the pickup, a 25-year-old woman and a 15-year-old boy, were also injured but expected to recover.

Authorities believe the accident was caused by Hernandez’s vehicle losing control and failing to stay in its lane. The incident occurred around 7:19 p.m. amid heavy rain. Investigators are continuing to review the circumstances of the crash, though weather conditions likely played a role.

When will police file charges after a fatal accident in Tennessee?

In Tennessee, the timeline for filing charges after a fatal car wreck depends on several factors, including the complexity of the case, the nature of the evidence, and the ongoing investigation by law enforcement officials. Here’s a general overview of the process and considerations involved.

Investigation Process

Initial Response and Investigation: When a fatal accident occurs, the immediate priority is to secure the scene and ensure safety. Police officers respond to the scene, provide medical assistance, and gather preliminary information. This includes interviewing witnesses, taking statements from involved parties, and documenting the accident through photographs and diagrams.
Evidence Collection: Investigators collect evidence such as vehicle damage reports, skid marks, and environmental conditions. They may also obtain data from vehicle black boxes, analyze traffic camera footage, and review the accident’s physical evidence. If the accident involved potential violations of traffic laws, such as impaired driving or reckless behavior, these factors will be closely scrutinized.
Autopsy and Toxicology Reports: In fatal accidents, autopsies are typically performed to determine the cause of death. Toxicology reports can reveal whether substances like alcohol or drugs were involved, which can impact the decision to file charges.

Legal Review and Charges

Completion of the Investigation: The thoroughness of the investigation impacts the timeline. Complex cases involving multiple vehicles, severe injuries, or potential criminal behavior can extend the investigation period. Investigators work to gather all relevant information and confirm the facts surrounding the accident.
Prosecutor’s Role: Once the investigation is complete, the case is forwarded to the district attorney or a prosecutor. The prosecutor reviews the evidence to determine if there is sufficient basis for criminal charges. This review includes assessing whether the actions of the involved parties constitute violations of state laws.
Decision on Charges: The prosecutor decides whether to file charges based on the evidence and legal standards. If charges are filed, they may range from misdemeanors, such as negligent driving, to felonies, such as vehicular homicide, depending on the circumstances of the case.
Court Proceedings: If charges are filed, the legal process proceeds with court hearings, where evidence is presented, and the accused has the opportunity to defend themselves. The case may result in a trial if an agreement or plea deal is not reached.

The entire process can vary widely. In some cases, charges might be filed within a few months, while in others, it could take a year or more, especially if the investigation is complex or if legal proceedings are delayed.

Overall, while there is no fixed timeline, the focus is on ensuring a thorough and fair investigation to determine whether criminal charges are warranted.

Personal injury attorneys in Nashville

The Law Office of George R. Fusner is a firm that handles various issues related to personal injury lawsuits in the Nashville area.

USAttorneys.com is a service that works with people who need to find lawyers. Those who need assistance with a referral can call 800-672-3103

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027

615-251-0005

gfusnerlaw.com

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