The Federal Motor Carrier Safety Administration (FMCSA) has noted with increasing concern the last several years that there have been a high number of commercial bus accidents with fatalities. That is why the FMCSA announced recently that it is making the inspection, repair and maintenance of commercial buses a high priority.
Some of the recent commercial bus crashes that have hit national news in the US include:
- September 7, 2016 in Dallas TX when an OGA Charters bus veered off the highway near Laredo and overturned. Seven people died. Weather was thought to be a factor in the crash. The company had been sited for violating maintenance procedures and drug screening regulations for employers.
- February 2016, Comanche TX: A TX prison bus hit a pick up truck near Waco. 23 passengers were hurt, and the pick up driver died.
- December 2015, Arlington TX: A Greyhound bus hit an SUV on I-30, killing the SUV driver. 16 bus passengers were hurt.
The FMCSA reminded all drivers of commercial vehicles this week that they must do a written inspection report of the bus at the end of every work day. The report has to include the make, model and year of the bus. It also should note any defects that could affect the safe operation of the bus.
The FMCSA also is doing more commercial bus inspections, with more than 4000 performed over the past five years. They also do roadside inspections, and they have increased those 100% in the last decade from 12,991 to 25,705.
Our View
Our Virginia personal injury attorneys want to remind all commercial operators of buses and trucks that they have a legal obligation to ensure that their drivers are properly trained and meet all federal requirements for hiring. The companies also must conduct regular safety inspections of their vehicles per state and federal law.
If they do not follow these laws and an accident happens resulting in serious personal injury or death, criminal prosecution is not the only consequence. They also can be sued in civil court – both the driver of the vehicle and the company. Wrongful death lawsuits can end in multi million dollar settlements, so it is better for the commercial bus or trucking company to just follow the law and keep their vehicles safe.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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