The Driver killed this morning September 14, 2009 when his SUV flipped over the guardrail on I-440 and I-24 has been identified by Metro Police according to the Tennessean. According to the police speed was a factor. Was this a preventable wreck? I don’t know. However, what safety features could have prevented the consequences of the speed?
The Tennessee DOT most likely was responsible for the design of the roadway. In making that design they had a duty to minimize the consequences of a vehicle striking the wall and rolling over the guardrail. Was it foreseeable that the a car would travel at a high rate of speed around that curve? You bet. What happens to a car when traveling around a curve at a high rate of speed? It has a tendency to push out to the wall. If the driver gets scared and the lifts off the gas the car will spin out. Its physics. What if an outside tire blew out at normal speed that could cause the SUV to lose control. Further it was an SUV which have a much greater tendency to roll over. Could that have caused the wreck. I don’t know and it cannot be determined without a through investigation.
What is critical and time sensitive now to to preserve the evidence so the cause can be determined. That takes a lawyer experienced in car wreck and product liability claims. Call one today if you are a family member.