Godwin, Morris, Laurenzi & Bloomfield, P.C.

Driver dead in crash with bus, 1 on bus suffers personal injury

In Tennessee and elsewhere, it is unfortunately true that accidents involving an out-of-control vehicle are common events. When a driver loses control and crosses the highway, then enters into the oncoming lanes of traffic, that driver will virtually always be considered to have been negligent. Generally, any accident that occurs will be that driver's fault, and any personal injury suffered by innocent victims will be his or her legal responsibility.

The reasons why so many cars go ballistic on the country's highways are varied, but there are a few major repetitive causes. These include falling asleep, impairment by drugs or alcohol, distraction by electronic devices and health problems leading to sudden attacks or unconsciousness. Recently, an example of that kind of accident occurred in Nashville.

On April 22, a 30-year-old man driving a Toyota Solara went out-of-control, crossed the center line and crashed head-on into an MTA bus in Midtown. He died in the collision, which occurred at Charlotte Avenue and 19th Avenue North. At least one individual, found wandering near the crash scene, was injured and taken to a hospital.

Police found no evidence of drinking or drugs, and speculated that the driver may have fallen asleep at the wheel or had a medical emergency. It is always also possible that he may have been distracted by the use of a cell phone and/or other electronics. Assuming that the reported facts are essentially true, the decedent is probably legally liable, through his estate, for the personal injuries suffered by any innocent victims.

In Tennessee, the first step will often be a letter from the injured person's attorney to the next of kin of the decedent at his listed address. The letter will make its way to both the insurance carrier and to the representative of the decedent's estate. From that point, the attorney will make a presentation of all of the bills, proof of lost wages and other evidence documenting the personal injury and the damages. Due to the seemingly clear case of liability, this type of a claim can often be settled in a timely manner to everyone's satisfaction.

Source: wkrn.com, "Man, 30, killed in head-on collision with MTA bus on Charlotte Ave.", April 22, 2015

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