A Panola County, MS accident resulted in the death of Benny Hicks whose car had broken down. Benny was found dead alongside I-55 near the Como,MS exit. Apparently, he was hit by an 18 wheeler who keep going and left the scene of the accident. Parts of the red fender were found by the MS Highway Patrol. MPH later found the tractor trailer and driver that caused this accident.
QUESTION: How can you run over someone,knock their body over 30',cause damage to your front end and not know you were involved in an accident? I'm sure the driver is going to claim that he never knew that he hit anything, but the physical facts should show otherwise. I wonder if the driver would be willing to take a lie detector test to determine if his story is true? If he passes the test, don't charge him criminally, if he flunks the test, indict the sucker. Either way, the family of Mr. Hicks has a claim against the 18 wheeler company for causing his death.
Under the wrongful death statute, any family member can make a claim against the insurance company of the truck driver for the accident. They can claim damages for loss of income, loss of love,society and affection, pain and suffering, funeral and other bills. Usually the tractor trailer companies carry at least $750,000 to $1,000,000 of insurance coverage.
The MS Legislature passed a law putting caps on damages in these type of cases so the most anyone can recover for non-economic damages is $1,000,000.
