Wrongful Death Lawsuit Filed Following Fatalities in School Bus Crash
A wrongful death lawsuit has been filed by the parents of a little girl who was fatally injured as a result of a school bus crash in Chattanooga, Tenn. this past November.
Parents Natasha M. and Robert B. brought forth the wrongful death lawsuit after their daughter, along with five other students, were killed as a result of a school bus accident. According to accounts, the bus driver veered off the road, which cause the bus to overturn and slam into a tree just a few blocks away from the children’s elementary school.
The parents’ wrongful death lawsuit claims that the bus driver acted with negligence since he “had a duty to exercise reasonable care in operating the subject school bus.” The parents accuse him of breaching his duty by engaging in behavior described as “negligent, careless, and reckless fashion,” leading to the death of their daughter.
In addition to claiming the bus driver acted negligently, the parents stated that the bus driver also operated the school bus in alleged violation of various traffic statues. Specifically, they say he engaged in reckless driving, failure to maintain a traffic lane as well as failure to adhere to the posted speed limit.
The parents also named Durham School Services as the bus owner as a co-defendant, alleging the business has vicarious liability for the situation. They allege that since the bus driver was working for the company, the company is liable for his improper conduct.
Natasha and Robert accused Durham of a breach in their duties by neglecting to have policies and procedures enacted in order to make sure that all school bus drivers received proper hiring and training. The couple specifically accused Durham School Services of “failing to use the degree of skill and care required for a student transportation company.”
Bus manufacturer Thomas Built Buses was also named as a defendant in the case. The parents said the bus manufacturer was negligent in its construction of the buses, and that the particular bus involved in the fatal crash was “unreasonably dangerous and defective at the time it was designed, manufactured, distributed, sold, assembl[ed], and-or supplied.”
The bus involved in the crash apparently did not include seat belts, and the parents said this amounted to a defective design in the vehicle, according to their wrongful death lawsuit. Additionally, they said the window system was also defective, since it failed to prevent contact between the glass window pane and the roadway in the event of a crash.
The parents also allege that the window system failed to minimize the possibility of students being ejected in instances where the bus overturned or suffered a slide event. The plaintiffs allege that Thomas Built Buses acted with negligence in its design and manufacture of the buses, and that safer alternative designs existed.
Natasha and Robert are demanding a jury trial and are seeking compensatory damages in the amount of $5 million as a result of their lifelong emotional effects resulting from the loss of their child. They are seeking additional punitive damages in the amount of $500,000.
Other parents whose children were injured and killed in the crash have also filed lawsuits. In particular, a mother filed a lawsuit on behalf of her son who was diagnosed with a traumatic brain injury as a result of the crash, and other parents filed a lawsuit after their nine-year-old child sustained injuries.
If you believe someone you loved was killed as the result of the negligence of another person or company, you may qualify to file a wrongful death lawsuit.
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At the time of this article The Emma Law Firm did not represent any of the individuals involved in this accident.