Articles Posted in Bus Accidents

Private companies, daycare centers or churches that put passenger buses on the road have a responsibility to exercise reasonable care for the safety of bus passengers.  That rule not only applies to bus drivers, but also the duty of bus owners to maintain the bus in an appropriate condition.

As you would expect,  passenger buses need regular maintenance to be safe.  Belts need to be tightened or replaced, bus tires need to be inspected, rotated and/or replaced, and brakes need to be maintained. The failure to do so can result in the failure of an essential component of the bus system, and result in a bus accident that in turn causes injury or death to bus passengers or other people.  In addition, bus drivers must be trained to not only do the inspection of the buses but also be prepared to handle mechanical failures of the component parts of the bus system.  A multitude of federal regulations apply to protect bus passengers from the errors of bus owners or bus drivers. 

Tennessee law provides compensatory damages and, in limited cases, punitive damages to those harmed by a failure of the owner of a passenger bus to property maintain the vehicle.  Tennessee law has a very strict deadline for taking legal action – the injured person (or the representatives of a deceased person) must file suit within one year of the date of the incident causing the initial injury or death or the injured or deceased persons rights will be lost forever.

Pedestrian deaths in traffic accidents nationally increased from 4109 in 2009 to 4432 in 2011, according to the United States Department of Transportation. 

Deaths to men numbered deaths to women (3086 versus 1345) and 19% of the deaths were a result of hit and run accidents.

In Tennessee, 1221 pedestrians (including skateboarders, people on roller skates, etc.) were injured or killed in traffic accidents in 2010.  Davidson County, Tennessee had 275 of those injuries and deaths.  There were 83 pedestrian deaths in Tennessee in 2011; the number actually dropped to 68 deaths in 2012.  Unfortunately, the 2013 death rate for Tennessee pedestrians in increasing.  As of the date of this blog post, 46 pedestrian deaths have occurred.  At this same time in 2012, only 35 deaths had occurred.

Operators of buses, known in the industry as motorcoaches, place their riders at risk of serious injury or death if they operate the vehicles with tires that are overloaded or are overly worn or damaged.  Also at risk are other motorists and pedestrians if the motorcoach experiences a tire failure and the driver of the motorcoach loses control of the vehicle.

The risk is increased in the summer, when the tires are operated in warm weather conditions, increasing the risk of overheating and tire failure.

The Federal Motor Carrier Safety Administration (FMCSA) has warned motorcoach operators of the need to consider maximum tire load carrying capacity and tire speed rating, and allow an adequate tire pressure safety margin when carrying maximum passenger and luggage loads.  The failure to take appropriate action can lead to the assessment of penalties against the operator.  

As a Nashville and Tennessee automobile accident attorney, one question that I am frequently asked is what happens when the person who causes the motor vehicle does not have any liability insurance. Here is the answer?

1.  First, don’t assume that there is no liability insurance just because the driver did not have proof of insurance in his or her vehicle at the time of the accident.  In Tennessee you are supposed to have proof of insurance present when you drive (most of us keep a card mailed to us by our insurer in the glove compartment of the vehicle) but some people forget to do so or do not replace an expired card with a new card.  So, even if the police officer investigating the crash reports that the at-fault driver did not have proof of insurance, it is possible that the driver had liability insurance in place at the time of the crash.

2.  It is possible that some other person (other than the driver of the car or the owner of the car) is responsible for the crash.  For example, on several occasions we have discovered that an uninsured driver was running an errand for his employer at the time of the crash.  Under Tennessee law, the employer is responsible for the crash if the employee was engaged in an activity that was furthering the employer’s business interest at the time of the crash.  This is true even if the employee was using the employee’s personal vehicle.   From time to time there are others who contributed to cause the crash, such as  the bar who served too much alcohol to the at-fault driver, a defect in the roadway; an unsafe or defective vehicle, and in appropriate cases those options need to be investigated as well.

A shocking number of pedestrians – 67 – died in Tennessee accidents in 2012, according to a report prepared by the Tennessee Highway Patrol that gave details on the number of motor vehicle accident deaths in Tennessee for the entire year.

Although the law protects pedestrians who cross the street in crosswalks, every adult pedestrian has the legal responsibility to exercise care for his or her safety.  Likewise, drivers have the responsibility to be on the lookout for pedestrians and to exercise reasonable care to avoid striking them.

How can pedestrians avoid becoming injured or killed by motor vehicles?  Follow these tips:

As a Tennessee personal injury lawyer, I receive at least one call every week from a potential personal injury client who has waiting too long to hire a lawyer to get help with filing a lawsuit.  Recently, I had calls from three people in one week who called me too late for help.

There are lots of reasons you should call a lawyer quickly after a Tennessee auto accident or other event in which the negligence of another resulted in a serious injury, but one reason for prompt action is the delay can make it impossible to hire a lawyer who can help you.  

Why do people wait to hire a lawyer?   Some people think that they can resolve the personal injury case on their own, without any legal advice.  Of course, sometimes that is true:  a lay person may be able to settle a personal injury case without the assistance of a lawyer.  For instance, car accident cases that involve only property damage, or that involve one trip to the emergency room and no other medical treatment frequently can be resolved without the help of a lawyer.

The use of medical transportation vehicles is growing in Middle Tennessee.  The elderly, people who live in poverty, and the disabled rely on medical transportation companies to take them to doctor’s appointments, physical therapy appointments,  and other medical offices for various treatments and tests.

Many of these people need special care getting in and out of the vehicle.  Those in wheelchairs need to be carefully and completely secured before the transport vehicle is moved.  And, the drivers of these vehicles need to take special care to protect the riders, the majority of whom are in a fragile state of health.

Our law firm’s website has more information to assist those  injured while a passenger in a medical transport vehicle.

As Tennessee personal injury lawyers, we spend of time listening to our clients explain about injuries they received in car wrecks, truck accidents, and lots of other situations.  One frequent question we are asked is whether the insurance company defending the case will be able to explore the client’s medical history.

A person’s medical history is important in any case in which he or she is claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act.  The medical history establishes the baseline of the person’s physical or psychological well being before the injury. Tennessee law requires medical evidence to show that a negligent act caused an injury, so a medical history can establish the lack of any prior problem that our client complains was caused in a car wreck or other event.

Tennessee law provides that you may not recover damages for physical and mental suffering from prior medical problems or medical care to treat those pre-existing problems.  However, when a preexisting condition is made worse y the wrongful act of another person byou can recover damages for the worsening of the condition. Your medical history will be important to proving this claim – your lawyer will have to show what the condition was before you were injured and, with the assistance of testimony from a doctor, how the injury made that condition worse.

Nashville, Brentwood, Franklin, Hendersonville and other cities in Middle Tennessee greet several million tourists every year.  These tourists frequently rely on shuttle buses provided by local hotels to travel to and from the airport, local restuarants, and the music venues of Lower Broadway.

Unfortunately, shuttle bus drivers, like every other type of driver, are capable of making errors that can result in the injury or death of their passengers.  Our firm has represented tourists who were injured in hotel shuttle bus accidents, holding the hotels or motels that employed these drivers responsible for the harm caused by the drivers.

If you or a loved has been harmed in a shuttle bus accident in Nashville or anywhere in Tennessee, please call John Day at 866-812-8787 or complete this contact form.  There is not charge for an initial consultation.

Nashville and other parts of Tennessee has a large number of medical transport vehicles.  These vehicles are usually vans that transport people to doctor visits, medical tests or physical therapy.

The drivers of these vehicles must be very attuned to the special needs of their passengers.  For example, if the passenger is in  a wheel chair, the passenger must be secured in the chair and the chair in the van before the van is moved.  Failure to do so can result in the passenger being ejected from the chair in a sharp turn, sudden stop, or a collision with another vehicle.

Improper loading or unloading medical transport vehicles may also result in injuries.

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