Compensation for School Bus Accidents in Nashville
School bus accidents are one of parents’ greatest fears. There are few things more frightening than finding out that your children were injured while under someone else’s care, especially a person meant to ensure their safety.
If your little one has been hurt in a school bus accident, Grissim & Waterman’s bus accident lawyers can help you explore your legal options and guide you through the legal process.
Protecting Nashville’s Children After a Traumatic Bus Accident
After a Tennessee school bus accident, families are often overwhelmed by caring for their injured child while navigating the claims process.
These crashes are significantly more complicated than a car accident. Multiple parties may be liable, such as bus drivers, school districts, and third-party transportation companies. Determining how the accident happened and what laws apply requires in-depth knowledge of Tennessee’s legal system.
Our team is here to help you navigate Nashville’s school bus safety laws and recover fair compensation that will cover your child’s current and future needs. We will handle the litigation and negotiation process on your behalf so that you can focus on supporting your family.
Are School Buses in Nashville as Safe as We’re Told?
Tennessee bus accidents are fortunately rare, given the number of passengers transported each day. Thousands of Nashville children walk or ride to school every day without issue, then arrive home safe and sound. School buses operate under strict safety regulations, including seat belt use, emergency exit requirements, speed limits, and on-board fire extinguishers.
While statistics show that school buses are among the safest forms of transportation, this does not mean accidents never occur. Families must understand
Data on School Bus Crashes
The National Highway Traffic Safety Administration controls the Fatality Analysis Reporting System (FARS), which tracks motor vehicle accidents. In 2023, the last year for which there is data, FARS reported 97 school bus crashes nationwide. Tennessee had one school bus accident.
There were 128 school bus accident fatalities nationwide in 2023. Of these, 10 were school bus passengers, while 85 were occupants of other vehicles. There was one death connected to a school bus accident in Tennessee in 2023, who was a car passenger.
For context, there are 490,000 school buses in the United States, serving over 46.9 million public school students. While even one death is too much,
School buses have become significantly safer in the modern era, with a history of safety developments that sadly emerged from tragic accidents.
In 1958, 26 people were killed in the Floyd County school bus disaster. The bus struck the rear of a wrecker truck on US Route 23 in Kentucky. The impact caused the bus to fall into the Big Sandy River, where it was swept away into the floodwaters. Only 22 children survived. This forced a change in laws, and now Kentucky requires every bus to have 9 emergency exits in the event of a crash.
The Floyd County crash was the third-most fatal bus crash to date. The most fatalities in a school bus accident occurred in Martinez, California, in 1976. The air brakes failed as the bus driver exited the freeway, and the bus slammed into a rail bridge.
After falling off the interstate, the bus landed on its roof. Almost all of the 52 passengers were critically injured, and 28 children died. An investigation by the National Transportation Safety Board determined that the bus driver was inexperienced, prompting enhanced training and testing requirements.
Common Causes of Bus Crashes in Davidson County
The common causes of bus crashes in Nashville and Davidson County often come down to human error and vehicle maintenance.
Negligent School Bus Drivers
A recent study from Rutgers University reported that inconsistent bus driver training is one of the major factors in school bus crashes. Some of the most common types of driver error include the following.
Reckless Driving: Bell Road is notorious for reckless driving. Unfortunately, multiple schools are on or near the road, including Nashville Collegiate Prep and Ezell-Harding Christian School. Drivers may be tempted to follow the flow of traffic, which can lead to accidents.
Negligent Supervision: Tennessee does not require seat belts on school buses, even though they are among the best ways to prevent serious injury or death in any accident. Drivers may not realize that they should encourage students to wear seat belts.
Distracted Driving: Drivers may be checking GPS maps, texting, or managing students.
Driving Under the Influence: During the 2019-2020 school year, two Washington County school bus drivers were dismissed for falling asleep at the wheel or drinking alcohol while transporting students. WJHL reported that one fell asleep while driving along the highway, and a teenager had to shake him awake. The other was seen buying and consuming alcohol during the school day.
Lack of Training: Tennessee law requires drivers to hold the appropriate CDL license and be at least 25 years old (Tenn. Comp. R. & Regs. 0520-12-01-.13). They must also complete regular training and maintain a good driving record. However, because CDL training can be done by private companies, not all drivers get the same quality of training.
Poor Vehicle Maintenance and Equipment Failure
School bus accidents are frequently caused by poor maintenance. These vehicles travel thousands of miles in a year, with hundreds of stops per day. Without regular inspections and repairs, crucial components can be broken or worn.
Common failure points in school buses include:
- Worn tires
- Faulty air brakes
- Stuck gears
- Broken doors
- Malfunctioning warning lights
Dangerous Nashville Roads and Negligent Motorists
School bus accidents occur even with competent operators and well-behaved students. In these cases, other motorists or even pedestrians are at fault.
Failure to Yield: Under Tennessee law, motorists must stop for any school bus with flashing lights and an extended stop arm, even if traveling in the opposite direction (TN Code § 55-8-151). However, distracted or impatient motorists may fail to notice the stopped bus or try to overtake it.
Reckless Driving: Roads such as Murfreesboro Pike and Gallatin Pike are accident-prone due to reckless driving, road rage, and violations of traffic laws. All of these can lead to serious school bus accidents.
Rear-Ending: School buses have large blind spots, which is why motorists are required to stay 500 feet back. However, many refuse to follow these guidelines and will tailgate the bus. Because school buses stop frequently, this can lead to serious rear-end crashes.
Types of School Bus-Related Accidents
There are several ways that school bus accidents occur, many of which are due to the vehicle’s design and operation.
Onboard Injuries from Collisions and Sudden Stops
School buses are designed to keep children safe from crash impacts, but this does not mean they are impervious to danger. Passengers who are not wearing seat belts may be thrown from their seats when the bus stops.
In some cases, as with the California bus crash, the bus may slam into a barrier or fall down an embankment. These tragic crashes often leave victims seriously injured or dead, especially if the bus bursts into flames or rolls over.
Injuries at Bus Stops and in the “Danger Zone”
The “danger zone” is the area around the bus where the operator has no visibility. It extends ten feet to the left and right, 30 feet in front, and 12 feet behind. Students who are still in this area when the bus begins moving may be struck, dragged, or killed.
Collisions Involving Other Vehicles
School bus occupants are much less likely than car occupants to be injured or killed in the event of an accident, but this does not mean fatalities or injuries never occur. School bus accidents involving semi-trucks or other buses can lead to catastrophic damage, while those with smaller cars and trucks can result in spinal or head injuries for passengers who are not wearing seat belts.
Who Is Liable for a School Bus Accident in Tennessee?
Determining liability in a school bus accident can be highly complicated. Districts often use third-party transportation companies or maintenance companies, which adds an additional layer of liability. Working with an experienced school bus crash attorney is essential to ensuring you receive a fair settlement from all parties.
The Personal Liability of the Bus Driver
School bus drivers are held to high standards, including obeying all traffic laws, completing rigorous training, and maintaining a safe environment for every occupant. If they failed to do so through reckless, distracted, or intoxicated driving, they can be held personally liable.
Suing the School District or a Private Bus Company
Metro Nashville Public Schools (MNPS) contracts with third-party school bus companies to manage its fleet. However, it is responsible for supervising all operators and ensuring that each school bus is in a safe condition.
The school bus company can also be liable for negligent hiring, training, or supervision. For example, if an investigation determined that the operator was fatigued or intoxicated at the time of the school bus accident, it would indicate that the company failed to supervise its employees.
Claims Against Negligent Third-Party Drivers
If another motorist caused the school bus accident, then we can pursue compensation through their insurance. This requires proving negligence, such as illegally overtaking the school bus or failing to yield at a stop sign.
Compensation Available for Your Injured Child
Our school bus crash attorneys will seek all available compensation to cover your needs. This can include:
- Medical bills
- Out-of-pocket medical expenses
- Lost wages from caring for your child
- Child’s loss of future income
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability or disfigurement
Tennessee law caps non-economic damages, like pain and suffering, at $750,000 for cases that do not involve catastrophic injuries, amputation, or death. Wrongful death cases have a statutory cap of $1,000,000.
What Makes Grissim & Waterman the Best Choice for Your Family?
Our compassionate school bus accident attorneys have decades of experience advocating for injured children and their families. We understand the pain, anxiety, and overwhelm that occur when your child is hurt, which is why we manage the legal process on your behalf so that you can focus on caring for your little one.
We take a family-focused approach to school bus crash cases, which is part of the reason we have been named an AV Preeminent firm. With deep knowledge of Nashville and Tennessee laws governing municipal and private transportation accidents, we’ll leverage tools such as the Governmental Tort Liability Act to hold public school districts accountable for failing to provide safe school buses.
Through aggressive negotiation, we will push for a settlement that covers all your child’s current and future needs. Injuries in school children can result in significant time out of the classroom, which can lead to them falling behind academically. Our team can demonstrate why out-of-pocket expenses, like tutoring, are crucial to securing your child’s future success.
While many school bus crashes settle out of court, we are renowned as one of the Top 100 Trial Lawyers by the National Trial Lawyers Association. Our team will provide compelling evidence proving who was liable for the school bus crash and how this accident impacted your family. With a peerless track record in the court, we can ensure you have the best possible chance at a fair verdict.
Contact Our Nashville Team for a Free, Confidential Consultation
The Tennessee statute of limitations for personal injury claims is only one year, making it essential that you contact a school bus crash attorney as soon as possible. Grissim & Waterman works on a contingency fee basis: no fees unless we win. There is no obligation when you contact us for a free consultation about your legal rights.
Don’t let a school bus crash derail your child’s future or lead to unnecessary financial stress. We’re here to handle all the legal aspects so that you can focus on comforting your loved one and moving forward as a family. Call us at 615-255-9999 or use our online contact form to schedule a free case review with our caring legal team.
