In Maryville, bus accidents often result in significant physical, emotional, and financial damages for the victims. However, you can take steps to obtain compensation for these losses.
Bus accidents can be quite complex, as multiple parties are usually involved, including the bus company, the driver, and even other third parties. Determining liability in a bus accident case can be challenging and requires a thorough investigation of the circumstances surrounding the incident. Our team can use its knowledge of bus accidents to help you recover all the damages you suffered, including medical bills, lost wages, pain and suffering, and other damages.
Call our bus accident attorneys at Howe Law at (844) 876-4357 today for a free case review.
Who Can Be Held Liable for a Bus Accident in Maryville, TN
In the unfortunate event of a bus accident in Maryville, determining liability can be a complex process. It requires a comprehensive investigation and understanding of the various parties involved in bus operations. If you or someone you know has been injured in a bus accident, our bus accident lawyers can fight for the compensation you deserve. The following parties are typically held liable for bus accidents in Maryville:
The Bus Driver
When a bus accident occurs, the first party that is usually looked into is the bus driver. It is important to determine if the driver was negligent in their driving, which could have been caused by several factors such as distraction, fatigue, or violation of traffic rules. If it is found that the driver was at fault, they could be held liable for the accident and any resulting damages.
The Bus Company
After a bus accident, it is not just the driver who might be held accountable. The company which owns and operates the bus is equally responsible for ensuring the safety of its passengers. This includes maintaining their vehicles to safe standards and hiring qualified and trained drivers.
If the company fails to fulfill these duties, it could be found negligent and held accountable for any damages or injuries caused by the accident. Such companies have a legal obligation to ensure that their vehicles are regularly serviced, maintained, and inspected for any defects.
Additionally, they must ensure that their drivers are properly licensed, trained, and have a clean driving record. Failure to comply with these regulations could result in serious consequences for the company, including hefty fines, lawsuits, and loss of reputation.
The School District
When it comes to accidents involving school buses, it is important to consider the potential liability of the school district. This is because school districts have a legal obligation to ensure that their students are transported safely to and from school.
If an accident occurs because of the negligence of the school district, it might be considered liable for any resulting damages or injuries. Examples of such negligence could include hiring an unqualified driver, failing to properly maintain the school bus, or allowing the use of a bus that is not fit for service. In these situations, the school district might be held responsible for any harm caused to the students who were riding the bus at the time of the accident.
The Bus Manufacturer
If an accident involving a bus was caused by a defect in the bus or one of its parts, it is possible that the manufacturer of the bus or the defective part could be held liable for any resulting damages. In such cases, manufacturers might be held responsible for any injuries or losses incurred, even if they were not negligent in their actions.
This is because product liability laws hold manufacturers accountable for any defects in their products that contribute to accidents, regardless of whether or not they were aware of the defect at the time. As such, if a defect was present in the bus or one of its parts and it contributed to the accident, the manufacturer could be held liable for any resulting damages.
Other Drivers
In case of a bus accident, if it is determined that the actions of another driver played a role in causing or contributing to the accident, that driver could be held responsible for damages. For example, if a driver of a car disregarded a red light and collided with the bus, that driver could be sued for damages resulting from the accident. Liability in such cases is determined based on the evidence and circumstances surrounding the accident.
Government Entities
In certain situations, it is possible for a government entity to be held accountable for a bus accident. If the accident was caused by inadequate road maintenance or faulty traffic control devices that fall under the jurisdiction of a local government, you might have the option to file a claim against the relevant government agency.
However, lawsuits against government entities are subject to specific rules and limitations that must be followed. These rules and limitations are in place to ensure that government agencies are not unfairly burdened by excessive legal claims while still allowing individuals to seek justice for their injuries or damages resulting from a bus accident.
Time Limit to File a Bus Accident Lawsuit in Maryville, TN
In Tennessee, the statute of limitations for filing a bus accident lawsuit sets the time limit for filing your claim. Unfortunately, Tennessee has one of the strictest deadlines in the country. According to T.C.A. § 28-3-104, bus accident victims have only one year from the date of the accident to file a lawsuit in Maryville. Most importantly, if your lawsuit is not filed within one year, it will not be entertained by the court and will be dismissed.
Furthermore, it is important to understand that gathering evidence takes time and is usually in the hands of multiple parties. In many instances, buses are equipped with surveillance cameras that could have captured the accident. However, it is essential to request this footage quickly before it can be erased.
While the one-year statute of limitations is generally strict, there are certain exceptions. For instance, if the victim of the accident was a minor or mentally incompetent at the time of the accident, the clock on the statute of limitations will not start ticking until they turn 18 or regain competence.
The “discovery rule” can also extend the statute of limitations in certain cases. If the victim was not aware of, and could not reasonably have been expected to be aware of, the injury immediately after the accident, the one-year period might begin from the date the injury was or should have been discovered.
Our Maryville, TN Bus Accident Lawyer Can Help
For a free case assessment, contact our Knoxville bus accident attorneys at Howe Law at (844) 876-4357 today.
