City buses in Clarksville are operated by the Clarksville Transit System (CTS). If you were injured while riding a bus or you were hit while walking on foot or riding in a different vehicle, you could be entitled to compensation for your injuries, but getting compensation from a government entity like CTS is more complex than suing a private bus company.
For help with your case, it is important to work with an experienced attorney. Our lawyers can help you know what your case is worth, discuss limitations on lawsuits against the government, and help you hold the proper parties liable to maximize your compensation.
For a free case review, call Howe Law’s Clarksville Transit System accident and injury attorneys at (844) 876-4357.
Determining Fault in a Clarksville Transit System Bus Accident
Before you can hold anyone liable in a bus accident, it will be up to you and your Clarksville Transit System accident and injury attorneys to determine who was at fault for the crash. This means looking at the facts of the case very closely and determining whether any traffic laws or other rules were broken that could support a claim. It also means identifying the proper parties as defendants in your case.
Identifying Negligence
To hold a driver responsible for a crash, you have to show that they caused the crash through their bad actions. If a crash was unavoidable or their mistakes or negligent behavior occurred but did not actually cause the crash, then they would not be liable.
In these cases, bad actions usually involve behavior that is generally unreasonable or explicit violations of traffic laws. For example, distracted driving, texting while driving, speeding, running a red light, or drunk driving would all potentially put a driver at fault.
In the law, these violations of duty that lead to an accident and injuries are called “negligence.” Typically, auto accident cases are based on negligence rather than a claim that the driver intentionally caused the crash.
Identifying At-Fault Parties
You will have to sue the correct driver or file an insurance claim against them to get compensation. How you were injured and what role you played in the crash will heavily influence who you can hold liable.
If you were a bus passenger and you were injured in the crash, you likely have a case against either the bus driver or another driver involved in the crash. If the CTS driver was the one who caused the crash, then you file your case against them. If the other driver was solely responsible, then you and any other injured victims on the bus would sue that driver.
In many cases, bus drivers and other drivers share liability. For example, a speeding bus driver and another driver who was driving while intoxicated could each be held liable for their fair share of fault. Many accidents involve partial liability like this.
If you were a passenger in another car, the same analysis usually applies: either the bus driver or the driver of your car (or both) would be at fault.
If you were driving another car or bicycle when a CTS bus hit you, then you could be entitled to sue CTS. However, the court might find that you shared partial fault, reducing the damages you can get in your case. As long as you are under 50% at fault, you can still get partial damages, but damages are blocked in 50/50 cases. If the CTS bus driver was 100% at fault, then you can claim all damages, up to certain limits, against CTS.
Limits on Lawsuits Against the Clarksville Transit System Under Tennessee Law
Tennessee law places some limits on damages in injury cases filed against the government. Injury cases against the government are generally blocked under the law, but there is a special exception for auto accidents, allowing injury victims to sue government entities like the CTS for their injuries. However, there are damage caps.
Typically, victims of bus accident injuries can sue the at-fault parties to recover compensation for any damages they faced because of the accident. That can include compensation for their physical injuries and mental suffering, as well as compensation for the economic effects of those injuries, such as medical expenses and lost wages. You can also claim compensation for property damage.
When a lawsuit is filed against the government instead of a private individual or company, these damages are capped with quite a low limit. Under T.C.A. § 29-20-403, compensation for injuries is capped at $300,000 per person. Compensation for property damage is capped at $100,000.
Because of these limitations, it is often better to file your injury case against the other driver if that is an option. Our attorneys can help argue that the other driver was responsible or at least shared fault in the crash. This allows us to get some of your damages compensated by that party, potentially opening up access to additional damages beyond the caps on damages from CTS. However, if CTS is the only liable party, this option is not available to you.
There may also be other caps and limits that apply to all injury cases, not just ones against the government.
When to File an Injury Lawsuit Against the Clarksville Transit System
If you were injured in an accident, then you have a limited time to act. Compensation is only available for victims in the first year after their injuries under T.C.A. § 28-3-104. This is one of the shortest deadlines to file in the country, so it is important to call a lawyer and get started building your case right away after an accident with a CTS bus.
Call Our Clarksville Transit System Bus Accident Attorneys Today
If you were hurt in an accident with a CTS bus, reach out to our Clarksville Transit System accident and injury lawyers right away by contacting Howe Law at (844) 876-4357.
