Yahoo News reported earlier this month that a May 31 fatal bus accident in Bowling Green, Virginia took the lives of several people and injured many more. As a St. Louis accident attorney, I could not help but take note of this accident given the recent string of bus accidents in our area. In this case, the bus was transporting 59 passengers. According to reports, the driver fell asleep in the early morning hours and lost control of the bus causing a crash.
The bus company employing the driver had been cited on numerous occasions for violating safety rules involving driver fatigue. Apparently, the company had been cited for 46 violations involving driver fatigue rules over two years. The company was ranked in the bottom 14 percent of motor carriers. According to the National Transportation Safety Board (NTSB) between 13 percent and 31 percent of commercial vehicle crashes are due to driver fatigue.
While this was not a Missouri accident, Missouri bus accident attorneys are no strangers to serious passenger and school bus accidents. The greater St. Louis region alone has had several high profile bus crashes in the last few years. Any St. Louis personal injury attorney would look at the facts of the Bowling Green accident and immediately consider the actions of the company employing the driver. The history of this company's conduct might suggest an action for punitivie damages in a Missouri lawsuit.
A Missouri wrongful death lawyer investigating the Bowling Green accident would consider whether the company's and driver's conduct would constitute an aggravating circumstance under Missouri's wrongful death laws. This claim is similar to a punitive damage count. When companies have a pattern of willfull misconduct, wanton or reckless behavior, punitive damages may be appropriate when someone is injured or killed.
The NTSB is looking at new rules and regulations to make bus companies comply with safety regulations regarding driver fatigue. One proposal is to install an automated method for keeping track of driver's hours instead of paper driving logs. These new regulations should make Missouri roads safer for bus passengers and the citizens of Missouri.
Fatal VA Bus Crash, Yahoo.com News, June 11, 2011
