Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Proving Fault in a Tennessee Bus Crash
Under Tennessee law, you must establish negligence to prove fault in a bus crash. Negligence requires showing that the bus driver or operator owed you a duty of care, breached that duty, and directly caused your injuries and losses.
1. Duty of Care
Bus drivers must follow state and federal safety regulations. They owe passengers, other motorists, and pedestrians a duty to operate the vehicle safely.
2. Breach of Duty
A breach occurs when the driver fails to meet the standard of a reasonably prudent operator. Examples include:
- Speeding or reckless driving
- Violating traffic signals or signs
- Distracted or impaired driving
3. Causation
You must link the driver’s breach directly to your injuries. Evidence must show that, but for the breach, the crash would not have occurred.
4. Damages
Show that you suffered actual losses, including physical injuries, property damage, and economic harm.
Key Types of Evidence
Accident Reports and Official Records
- Police Crash Report: Contains findings, diagrams, and witness statements.
- Department of Transportation Records: Bus inspection logs and driver license history.
Eyewitness and Surveillance Evidence
- Statements from passengers, pedestrians, or other motorists.
- Video footage from traffic cameras, dashcams, or nearby businesses.
Bus Maintenance and Driver Logs
- Maintenance records showing repair history and safety inspections.
- Hours-of-service logs and drug/alcohol screening results.
Electronic Data and Black Box Recordings
- Event Data Recorder (EDR) information detailing speed, braking, and impact forces.
- GPS tracking logs showing route and stops.
Expert Testimony
- Accident reconstruction specialists on points of impact and vehicle dynamics.
- Mechanical experts on brake system or component failures.
Establishing Damages
Once fault is established, you must document your losses:
- Medical Records and Bills: Emergency care, surgeries, therapy, and future medical projections.
- Lost Wages and Earning Capacity: Pay stubs, tax returns, and vocational expert analysis.
- Property Damage: Repair estimates or total loss valuations for personal items, including your vehicle.
- Pain and Suffering: Medical expert or mental health professional assessments describing your physical and emotional impact.
Relevant Tennessee Laws and Deadlines
- Statute of Limitations (Private Claim): You generally have one year from the crash date to file a suit for personal injury or property damage. See Tenn. Code Ann. § 28-3-104.
- Comparative Fault: Tennessee follows modified comparative fault. You can recover only if you are less than 50% at fault. Your recovery reduces in proportion to your fault. See Tenn. Code Ann. § 29-11-101.
- Government Bus Claims (GTLA): If a public transit agency or municipality operates the bus, you must provide written notice within one year. See Tenn. Code Ann. § 29-20-307.
Helpful Hints
- Immediately photograph the scene, vehicles, and injuries.
- Obtain and preserve all medical records and bills.
- Collect contact information from witnesses.
- Request a full copy of the police and transit authority reports.
- Consult an attorney early to secure perishable evidence and expert analysis.