Archive for the ‘Bus Accident Law’ Category

Distracted Commercial Drivers Not Limited to Trucks

Monday, February 27th, 2012

The top truck accident attorneys of Passen Law Group have often written on the dangers of distracted driving. Distracted driving is a danger not only in casual, everyday drivers, but in commercial drivers, as well.

Truck drivers can cause distracted driving accidents in many ways: talking on cellphones, texting, using CB radios, adjusting radios and other music players, eating or drinking while driving, and many more. In fact, when people think of distracted commercial drivers causing accidents, they almost exclusively think of truck drivers.

Yet just as truck drivers are not the only type of commercial drivers, they are likewise no the only type of commercial drivers who cause accidents. One type of commercial driver often overlooked is bus drivers: both public transportation, private chartered buses and, yes, even school buses.

In fact, just weeks ago, a distracted driving accident in Bradenton, Florida demonstrated that school bus drivers, too, can cause such accidents.

The bus in question was carrying 40 students when it crashed into the back end of a large commercial semi truck. Twenty-two of the students, together with the bus driver himself, were injured in the crash and taken to area hospitals for treatment. The truck driver was unharmed and, mercifully, there were no fatalities.

The distracted driving behavior in this case was unique to school bus drivers. The driver, known to his students as “Mr. Charles,” was reprimanding a student at the time of the accident. In fact, he turned around to face the students, facing away from the road, while the threatened to write the student up for misbehavior, even brandishing the write-up pad at him.

Many students thus saw the truck before the bus hit it, and braced for impact prior to the collision. The driver, turned completely away from the road, had no such opportunity.

As a result, the bus continued moving even after it struck the truck, which failed to stop it. One of the students then attempted to brake the truck, which eventually came to rest around 500 yards from where it struck the truck.

Authorities are currently investigating the incident fully, although the cause of the accident is already well-established from the many student accounts. Our bus accident attorneys hope that all drivers take a lesson from this accident: buses are not immune from accidents, and under the right circumstances can cause just as much damage as commercial trucks.

For a free consultation with an experienced Chicago distracted driving lawyer at Passen Law Group, call us at (312) 527-4500.

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New Trucking Hours of Service Rules Announced

Sunday, January 9th, 2011

Last month, the car accident attorneys of Passen Law Group wrote with our predictions regarding the soon-to-be-announced hours-of-service rules we expected from the Federal Motor Carrier Safety Administration.   Now, we are pleased to report that the new rules, which will benefit both drivers and the general public, have been formally proposed.

The U.S. Department of Transportation (under whose umbrella the FMSCA resides) announced the proposed rules with fanfare, and focused on the goal of keeping overworked, tired commercial drivers off the road.  As Transportation Secretary Ray LaHood stated ,“[a] fatigued driver has no place behind the wheel of a large commercial truck. We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job.”  Our experienced auto accident attorneys echo those sentiments, and hope that the new rules will move us, as a nation, closer to this important goal of improved motor vehicle safety.

Although the FMCSA does “favor” a newly reduced rule allowing a driver to be on the road for 10 hours each day (instead of the current 11), the proposed rules leave this amendment open for comment by the public.  This amendment is thus not yet formally proposed.   

The new rule also tightens the “restart” portion of the HOS rules.  The restart provision allows commercial drivers (and their employers) to “restart” their workweek after a mandated rest period, thus allowing them to again drive the maximum weekly hours.  The new rules keep the old restart period of 34 hours.  They now, however, require that this 34-hour period must include two consecutive nights where the driver is off duty from midnight to 6:00 a.m.    Moreover, drivers can only “restart” their work week once in any seven-day period.

The FMCSA was required to propose a new rule by a court settlement agreement, although the details
of the rule’s contents were not a part of the settlement.  That same agreement requires a new HOS rule to be finalized by July 26 of this year.

For those interested in learning further details of the newly proposed rules, a copy of the rulemaking proposal is available on FMCSA’s Web site at http://www.fmcsa.dot.gov/HOS. The public, and any interested parties, now have 60 days to comment on the proposal (dating from publication on December 29, 2010).

For a free consultation with an experienced Chicago car accident attorney at Passen Law Group, call us at (312) 527-4500.

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CTA Bus Crash Investigation Update

Friday, October 15th, 2010

Our Chicago CTA bus accident lawyers have been closely following the investigation into the recent bus crash that injured 37 people on Saturday. We reported how the bus driver claimed that problems with the front wheels and/or the steering wheel on the bus caused the driver to veer off Lake Shore Drive  and crash.  Until recently, the CTA had not released a statement regarding their investigation.

Yesterday,  CTA officials finally released a statement finding all bus equipment, including the steering and handling components, to be in good condition.  Admittedly, however, the CTA has not completed its investigation because a court order has prevented the agency from conducting any “destructive testing” or retrieving any further data from the “black box” recorder on the bus.

The CTA’s preliminary findings contradict statements, not only from the bus driver, but also from passengers.  According to reports, several passengers who were interviewed stated that another passenger tried to help the bus driver pull the steering wheel straight after the front wheels started pulling hard to the right, but couldn’t.

Fortunately for the injured victims in this accident, the legal process will allow their own investigators and experts to conduct their own investigation into how this accident occurred.  At least one personal injury lawsuit has been filed by a passenger against the CTA arising out of this crash, and more are certain to follow, depending on the severity of injuries sustained.

The recent court orders allow the evidence to be preserved, and provides for a more balanced investigation into the true cause of this accident.  Was it caused by defective components on the bus?  Was it caused by driver error?  What does an independent examination of the bus, including information retrieved from the black box reveal?  What can the driver and passengers tell us about how this accident occurred?  Should the CTA have known about problems with this bus, or with this bus driver, before this accident?

Most importantly:  should this accident have been prevented?

Our CTA injury lawyers will continue to advocate on behalf of victims in public transportation accidents who rely on agencies such as the CTA for safe travel on a daily basis.  If it turns out that this accident should have been prevented through reasonable conduct of the bus driver or those responsible with the CTA, the civil justice system is the only place to hold those responsible accountable.

For a free consultation with a top Chicago CTA bus accident lawyer, call Passen Law Group at 312-527-4500.

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