Articles Posted in Bus Accidents

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We wrote just a few days ago about the bus crash in Nashville involving a school bus in Chester County.  That school bus wreck was bad enough, but today’s school bus accident in Chattanooga is even more tragic.

Apparently, a school bus filled with 35 children crashed into a tree.  It has been reported that six children have died in the crash off Talley Road in Hamilton County and many others have been injured, some in critical condition.  The students attended Woodmore Elementary School.

No information about the cause of the crash is currently publicly available, although speed is being investigated as a factor.  Reportedly the school bus driver is cooperating with authorities. UPDATE:  CNN reports that the bus driver, Johnthony Walker, 24, has been charged with five counts of vehicular homicide, reckless endangerment and reckless driving and that the National Transportation Safety Board will be investigating on Tuesday November 22. Continue reading

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The Chester County school bus crash in Nashville injuring 23 students (with 20 more seeking a medical evaluation) provides a good opportunity to remind our readers of one of the most unfair provisions of Tennessee law.  That’s saying a lot – there are lots of unfair parts of Tennessee personal injury and wrongful death law – but this one is a biggie.

Most people think that people and companies who harm others should be held accountable for the harm they cause.  But, when a local government causes harm, its accountability is very limited.  Local governments (and the state and federal government) can only be sued under certain circumstances and when they can be sued special rules apply.  The special rules are set forth in the Tennessee governmental tort liability act and the relevant case law.  (Claims against the State of Tennessee are addressed in a separate law.)

The Chester County school bus crash shines the light on two of the special rules.  Before I discuss them please know that I know nothing of the facts of the accident.  I have seen the news reports, but cannot vouch for their accuracy or completeness.

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pedestrian light

According to the Tennessee Department of Safety and Homeland Security statistics, there were 1,579 pedestrian accidents last year. But, there were actually many more because the State’s statistics do not include pedestrian accidents that occurred on private property, which means parking lots (where lots of pedestrian accidents occur because of the unavoidable interaction between cars and pedestrians). For the first quarter of this year, there have already been 378 pedestrian accidents, so we thought we would share some tips to help avoid being a pedestrian accident statistic: Continue reading

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driving
The summer driving season is just around the corner. Time for vacations, trips to summer camp and the like.  Gas prices are expected to remain low.  In fact, the federal government is expecting gas to be at its lowest since the summer of 2004.  So, the roadways will likely be busy and, unfortunately, dangerous.  Here are a few tips for making sure you and your family stay safe including one you might not know.

  1. The Tennessee Department of Safety and Homeland Security offers licensed Tennessee drivers the ability to add emergency contacts to their driver’s license online. So, if you are involved in an accident, emergency workers can quickly contact your spouse, parents, legal representative, etc. If you are unconscious, this could save valuable time in a medical emergency as your contact could provide medical history, information on any medications you are taking, etc.   In addition, not only will your loved ones be alerted to the emergency quicker but they can begin helping quicker. For instance, maybe at the time of the accident you were on your way to pick up your daughter from school, if your spouse is quickly alerted to the accident, he could get someone to your daughter promptly. The process is simple. Just go to www.dl.safety.tn.gov.   The 7th star on the page is a link for Manage Emergency Contacts. Click it, fill out the requested information and hit submit. Now, your emergency contacts are linked to your driver’s license number.
  2. Register your vehicle and your tires with the manufacturer so that you are kept updated on any recalls. Last year, the National Highway Traffic Safety Administration oversaw a record number of recalls. If your vehicle and tires are not registered, the manufacturer cannot notify you directly. Vehicles and tires are only recalled if there is a safety defect or if they fail to comply with Federal Motor Vehicle Safety Standards. So, recalls are serious business.   At www.nhtsa.gov, you can search to see if there are any recalls affecting your vehicle, tires, child safety seats, etc. You can also sign up for safety alerts.
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pedestrian light

At The Law Offices of John Day, P.C., we are definitely seeing more accidents involving pedestrians but we are not relying on just our own anecdotal evidence for this post.  The Governors Highway Safety Association (GHSA) is projecting, once all the data is in, that 2015 will have the largest year-to-year increase in pedestrian fatalities since national records have been kept. Pedestrians now account for about 15% of all motor vehicle crash-related deaths.   So what is to blame for the national increase and what are the statistics for pedestrian accidents in Middle Tennessee? Continue reading

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Photo 01  Belize photo

Over Spring Break, we were blessed to get to vacation in Belize. On our last day of vacation, we took a catamaran to Caye Caulker.  While walking through the village, we noticed the island’s traffic laws posted on the wall.  While Title 55 of the Tennessee Code dealing with motor and other vehicles has 53 Chapters, Caye Caulker on the other hand has a very limited set of regulations.  Beyond requiring a license, registration and insurance, drivers are prohibited from driving on the airstrip runway, the beach, the football field and any unauthorized piers.  The Tennessee Legislature might take a tip or two on brevity from the Caye Caulker Traffic Control Committee.

Some other interesting fact about driving in Belize: Continue reading

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insurance

Last week, a question was posted on Avvo (a legal Q & A site) seeking advice about what should be done following a car accident. The questioner was worried about getting sued, and the primary source of his anxiety was because he had substantial assets including investment accounts but he only had $100,000 in automotive insurance coverage. In particular, he wanted to know if he should  hire his own lawyer separate and apart from any lawyer hired by his insurance company?   Before I get to that, let me start with something more important.   Continue reading

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SONY DSC

Earlier this month, a Shelbyville woman was arrested for her 17th DUI. No, that is not a typo– seventeen DUIs.   According to reports, the habitual drunk driver was arrested yet again after she crossed the center-line and crashed head-on into another vehicle injuring the other driver.

Of course, given her driving record, this woman should not have been driving and, in fact, her license was suspended. But she was nonetheless out on the roadways again and almost certainly she was not insured. Tragically, this is not an isolated occurrence. Fifty to seventy-five percent of drunk drivers will continue to drive on a suspended license.  If the drunk driver does not have any insurance, where does it leave the innocent victim injured by this woman’s criminal conduct? Continue reading

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Wheelchair pedestrian

Being a pedestrian is dangerous. Each year in the United States roughly 5,000 people are killed in pedestrian accidents and another 76,000 are injured.  But recent data shows the risk to pedestrians using wheelchairs is even more profound as those individuals are 36% more likely to die in an accident with a vehicle. The majority of these crashes occur while the wheelchair user is properly within the crosswalk, and about 18% of the crashes occur where no crosswalk was available.  Why is this happening? Continue reading

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drowsy driving

More than 1/3 of Americans have reported following asleep at the wheel, and drowsy driving causes roughly 100,000 accidents each year, claims roughly 1,500 lives and results in 71,000 injuries.  In fact, driving while sleepy can impair your performance as much as alcohol.

While drowsy driving can affect anyone, some folks are more at risk than others and include: Continue reading

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