Former school bus driver, Johnthony K. Walker was convicted of six counts of criminally negligent homicide for causing a November 2016 school bus crash that cost the lives of six elementary school students. According to a story in The Tennessean, Walker was also charged with 11 counts of aggravated assault and 7 counts of assault, reckless endangerment, reckless driving and using his phone while driving.
A story in the Chattanooga Times Free Press reports that the jury deliberated for ten hours before deciding Walker’s fate. They also found him not guilty on several other charges, and the sentencing phase of the trial will take place on April 24th in Hamilton County Criminal Court. Prosecutors said Walker overturned his bus and crashed into a tree because he was on the phone and driving 50 mph in a 30-mph zone. Six students died, and several others were injured in the crash.
Walker’s defense attorney said that he was traveling at 35 mph and that he was not talking on his phone at the time.
Now that the criminal trial is complete, some of the families who lost children in the tragic crash reported that they plan to file personal injury lawsuits against the driver and the school bus company, Durham School Services, which employed Walker.
Filing personal injury and wrongful death claims in Tennessee
Mr. Walker was found to be criminally negligent in causing the deaths of six children in the bus crash. There were 31 other children on that bus who suffered injuries of varying degrees from the crash. The families that choose to take legal action against the bus driver and his employer might expect to recover compensation for their damages which include:
- Medical expenses (current and future)
- Pain and suffering
- Emotional distress
The parents who lost children, and who choose to file a wrongful death action, would recover for the same damages listed above, but they are also entitled to recover damages for the pecuniary value of their child’s life. With children so young, calculating the pecuniary value of their lives would be a challenging task. Parents who lose a child can recover compensation for the loss of love, society and affection of their child. We know that there is no way to place a monetary value on the limitless potential of a child, and no amount of money will compensate a parent for the broken heart that they will carry for the rest of their lives. However, a skilled injury attorney will employ expert economists who can present a well-reasoned estimate before a jury.
At Delius & McKenzie, PLLC, we help our clients throughout Tennessee by representing clients after they are injured in a distracted driving crash. Our experienced Sevierville car crash lawyers will answer your questions and they will fight for justice on your behalf. You may call (865) 428-8780 or fill out our contact form to schedule a free consultation today. We proudly serve clients in Sevierville, Seymour, Gatlinburg, and Pigeon Forge.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.