In late 2015, 26 people were injured bear Tarboro after a tractor-trailer rear-ended a bus full of migrant workers on Highway 64. Two of the people who suffered serious injuries were flown to Vidant Medical Center in Greenville while the other 24 were taken to the closest hospital with various injuries. According to state troopers, the tractor-trailer was traveling east near exit 484 in Nashville when it rear-ended a school bus, causing it to overturn.
The driver of the tractor-trailer, Aaron Nissim Moore, from McLeansville, TN, was charged with failing to reduce speed to avoid a collision. Investigators said they believe he was driving 60 to 65 miles per hour. The bus was traveling about 45 mph at the time of the crash. It was reported that the driver of the bus, Manuel Rodrigues from Nashville, would be charged with failing to have a Class B driver’s license (which is required to transport groups of 16 or more) in addition to failing to reduce his speed.
Proving Negligence Per Se
Negligence is generally defined as the failure to behave with the level of ordinary care that a reasonable person in that similar situation would have behaved. Negligence per se, specifically, is negligence due to the violation of law meant to protect the public, such as a speed limit. Negligence per se in personal injury lawsuits can be brought as a distinct claim. In order to prove negligence per se, a plaintiff must prove that: a) the defendant violated a law; b) the intent of the law was to prevent the injury that ended up occurring (proximate cause); and c) the victim was a member of the class the law was trying to protect.
Under Tennessee auto accident law, a traffic violation can be the basis of applying this doctrine. The notion is that if a driver violates a law that is designed to protect public safety, the violation itself creates a presumption that the driver was negligent. It will then be up to the driver (the defendant) to rebut that presumption. As a practical matter, the most common way to establish a safety violation is by reference to a police report. It is most helpful if police specifically references the statute violated or citation given. Additionally, witness testimony sometimes may be used in accident lawsuits. The sooner an attorney begins collecting evidence for your case, the more likely you will succeed.
Nashville Car Accident and Personal Injury Attorneys
If you or a loved one has suffered an injury caused by a car, trucking, or motorcycle accident, contact a skilled Nashville auto accident attorney today for a free and confidential consultation. Attorneys understand the complexities of personal injuries claims and often have the experience needed to investigate, negotiate, and litigate in pursuit of just compensation for your injuries against all responsible parties. Attorneys will also collect all evidence, including accident reports, truck company records, driver logs and black box evidence obtained at the site of the accident. Don’t hesitate to contact a dedicated legal professional today.