Many parents rely on bus drivers to safely transport their children to school. If a driver does not arrive at a designated stop at the scheduled time, though, a child may have to seek alternate means of traveling to school, which could ultimately lead to a car accident that causes the child to sustain significant harm. Whether the driver will be deemed liable for the injuries suffered depends on whether any other parties contributed to causing the accident, as demonstrated in a recent Tennessee case in which parents were denied recovery for their child’s harm due to their comparative negligence. If your child was injured in an accident, it is prudent to confer with a dedicated Tennessee car accident attorney to discuss your possible claims.
Facts of the Case
It is reported that the driver for the defendant school district arrived at the plaintiffs’ child’s stop seven minutes early, and left when the child was not present. The child later went to the stop, and after he realized the bus was not coming, he returned home, retrieved his bicycle, and told his father he was riding the bicycle to school. The child was struck by a pickup truck on the way to school and suffered severe injuries.
It is alleged that the plaintiffs, acting on behalf of their child, filed a lawsuit against the driver and the defendant school district, alleging claims of negligence. A jury ultimately found that the driver and defendant school district were negligent, but attributed fifty-six percent of the fault for the accident to the plaintiffs. Thus, the plaintiffs were denied recovery of damages. They appealed.