Police have released new findings about the fatal Dec. 2 double school bus crash in Knoxville, Tennessee, even as investigations continue.
The driver of Knox County bus No. 57, which suffered the loss of three people, apparently did not have the proper license to drive a school bus by himself. According to the THP, Joe Gallman, 67, has a valid commercial driver’s license but only a school bus endorsement permit. This permit only allows the holder to drive a bus with another school bus driver on board.
In addition, police released an incident report on Dec. 5 that reveals James Davenport, driver of school bus No. 44 from Chilhowee Intermediate School — which crashed into bus 57 — had prescription drugs on his person. Previous reports that Davenport had drugs in his system were incorrect, however, toxicology results are pending.
On Sunday Knox County school administrators said the contracts of Rick Fawver, who operates five school buses including bus 57, and Robert Burroughs, who operates 10 school buses including bus 44, are under review by the school district pending the outcome of the local, state and federal investigations underway.
Authorities said these investigations will not be completed for a few weeks, with results expected in the new year.
Darryl DeBusk, a Knoxville Police Department spokesman, noted that after their investigation is complete, they will present the case to the District Attorney’s Office, who will then make a decision on whether to charge someone, take it to a grand jury or not move forward with it.
On Tuesday afternoon Dec. 2, school bus 44 was traveling east on Asheville Highway when it made a sharp left turn and crossed over a concrete median. The reason for this turn is unknown. Police said bus 44 then hit the westbound Knox County school bus 57 carrying Sunnyview Primary School students. The second bus flipped on its side, slid and came to rest on the roadside, the Knox crash report states. Though there were showers in the area at the time, police said it is too soon to know if weather played a role in the collision. Both buses were reportedly packed with children.
Three people in the second bus were killed, including two children and an adult who was a teacher’s aide. Police identified the victims as Zykia Burns, 6; Seraya Glasper, 7; and Kimberly Riddle, 46.
A total of 30 people were injured, including three who suffered serious injuries: bus driver James Davenport, 47, as well as Jaden Allen and Jada Parman, both 7. All three were upgraded to stable condition shortly after the accident. Additionally, 20 students sustained minor injuries, but were discharged from the hospital the same day.
A spokesperson said 18 of the 20 students had been on a bus returning home from Sunnyview Primary School, which serves kindergarten through second grade. The other bus in the accident was from Chilhowee Intermediate School, which serves third through fifth grade. It is not clear if any of the younger Sunnyview students were secured in child restraint systems.
Seat Belt Debate Revived
The tragic accident prompted state Rep. Joe Armstrong to draft legislation less than 24 hours later to mandate seat belts on school buses, according to the Knoxville News Sentinel. The bill would require all new buses purchased after July 1 to be equipped with seat belts and all school buses across the state to have restraints by 2023. Yet the bill was not yet listed on Armstrong’s website at this writing.
“If we had a lap belt law in Tennessee, the question is would it have made a difference in this tragedy?” Armstrong (D-Knoxville) asked the day after the crash. “I certainly know everyone looks at the cost. But, in light of this tragedy, it really brings the awareness up, and we start questioning.”
He said he plans to work with local school officials and his fellow lawmakers to make the proposal feasible and effective. A similar measure introduced in 2007 by Rep. Beth Harwell, now the House speaker, failed because of cost considerations.
The fiscal note on the 2007 bill estimated a price tag of nearly $387 million in the first year and $135 million the second year. That estimate included immediately retrofitting the state’s fleet, (then about 8,400 buses) and buying more than 2,000 buses to compensate for the reduced capacity on each bus.
The National Highway Traffic Safety Administration, while deferring to states on whether to mandate seat belts on school buses, contends that even without restraints, school buses are the safest mode of transportation for students. Between 2003 and 2012, 106 people died on school buses involved in crashes nationwide — an average of six passengers and five drivers each year, according to NHTSA statistics.
Today’s school buses feature closely spaced seats that have high backs and reinforced padding to “envelop” students on impact, said Steve Richards, director of the Southeastern Transportation Center at the University of Tennessee.
Most collisions involve vehicles or objects smaller than a bus, but when buses collide with larger vehicles at higher speed, such as another bus, that protective envelope might not be enough, Richards explained.
Fatal school bus crashes seem to reignite this seat-belt debate every couple of years. After investigating two deadly school bus collisions in 2012, the National Transportation Safety Board determined that even though school buses remain the safest vehicle on the road, other features such as seat belts can make them even safer — particularly three-point, lap and shoulder belts. The safety board went on to encourage states as well as school bus industry associations to promote the purchase of new buses equipped with three-point belts and to step up related training.
In response, the National Association of State Directors of Pupil Transportation and School Bus Manufacturing Technical Council got onboard in 2013 and changed their positions on three-point seat belts by adding support for the occupant restraints regardless of cost.
Six states have laws requiring seat belts on school buses (California, Florida, Louisiana, New Jersey, New York and Texas), but Texas and Louisiana have struggled to fully implement the mandate due to a lack of funding. If Armstrong’s bill passes the Legislature and gains the governor’s approval, then Tennessee would become the seventh state to require seat belts on yellow buses.
