Knowledgeable Legal Counsel for Tennessee Transit Crash Victims
Tennessee Department of Safety and Homeland Security data show that about 220 bus accidents occur yearly just in Davidson County, and many more wrecks occur throughout the three grand divisions of Tennessee where our firm handles cases. Because a single bus crash has the potential to injure dozens of people simultaneously, it can cause many serious, long-lasting injuries. If you were harmed in this type of collision, experienced Nashville bus accident attorney Matt Hardin can help you file a negligence claim and seek the compensation that you deserve.
File a Negligence Claim to Protect Your Rights
A passenger hurt in a bus collision should consider pursuing an injury lawsuit against the bus company. Usually, the bus company that owns or operates the bus will be named as the defendant in the case. This is true even if the accident was caused by an individual bus driver’s careless conduct. The concept of holding an employer liable for the negligence of its employees will apply if the employee was acting within the scope and course of his or her employment. If the defendant in the case is a governmental entity, however, there may be additional procedural steps that an accident victim must complete before filing a claim. You should discuss the details of your case with a Nashville bus accident lawyer to make sure that you are following the right steps.
To prevail in a negligence case against a bus company, an injured person must prove:
- The bus company owed a duty of care to the injured person;
- The defendant failed to meet, or breached, its duty;
- The defendant’s conduct caused the victim’s injuries; and
- Those injuries resulted in damages that can be compensated.
All people operating vehicles on Tennessee roads owe everyone around them a duty of reasonable care. This simply means that they must drive as an ordinary person would be expected to drive in similar circumstances, showing a level of care necessary to avoid unreasonable risks of harm.
However, bus companies fit into a public policy exception and are held to a higher standard. They owe their passengers the highest degree of care, consistent with the practices of their industry. With this heightened standard of care, a bus company’s otherwise trivial act may be considered a breach of duty. For example, the bus driver failing to check a blind spot or the bus company failing to perform standard maintenance on its buses might be considered a breach. This higher level of duty may make the path to recovery smoother for accident victims.
If the victim can successfully prove the elements of a negligence claim, he or she will be entitled to damages to compensate for the physical, emotional, and financial injuries caused by the defendant’s negligence. These may extend from objective types of harm, such as hospital bills or lost wages, to subjective types of harm, such as the pain and suffering undergone by the victim during and after the accident. To pursue any damages, an injured person must make sure to file a negligence claim within the time frame required by the Tennessee statute of limitations for personal injury lawsuits. You should consult a lawyer as soon as possible after your accident to prevent your right to sue from expiring.
Enlist an Experienced Nashville Bus Accident Attorney
A bus accident can change your life in an instant. With nearly 20 years of experience in the Nashville region, injury lawyer Matt Hardin understands that people hurt in a bus accident are in a period of crisis on multiple levels. If you were injured by the careless actions of a bus driver or company, we can help you assess your legal options and pursue compensation from anyone who was negligent. Let us focus on alleviating the financial burden caused by the accident, while you focus on recovery. To see if we can help you, call (615) 200-1111 or fill out our contact form.