In March 2010, an uninsured bus carrying at least 22 passengers was involved in a serious accident on the interstate near Phoenix, Ariz., that left six people dead and all remaining passengers with injuries ranging from minor to life-threatening. The bus company, Tierra Santa Inc., which operates out of Van Nuys, Calif., had previously lost its authorization to operate any of its buses, according to the Federal Motor Carrier Safety Administration (FMCSA), and had been operating its buses without insurance for nearly one year.
The decedents' families could bring a wrongful death claim against the responsible parties. Bus drivers are held to a standard of care and may be liable for actions that fail to meet that standard. The driver's employer may also be found liable as a common carrier, which has a duty to protect its passengers and other vehicles on the roadway. Damages in a wrongful death case that may be awarded to a decedent's family may include costs of medical care, funeral and burial expenses, lost income and loss of companionship. In some cases, punitive damages may be awarded if gross negligence is found.
The FMCSA is the federal agency that regulates bus safety and sets minimum safety standards to which all motor coach companies must adhere. These include driver qualifications such as requiring bus drivers to hold a current commercial driver's license with a passenger endorsement, have a valid medical certificate and undergo drug and alcohol testing by the carrier that complies with statutory regulations. Buses are subject to periodic safety inspections and may be pulled from service if they fail inspection. Drivers are restricted to not more than 10 hours of driving following eight consecutive hours off duty. Carriers with seating capacities of 16 or more passengers, including the driver, are required to carry a minimum of $5 million in public liability insurance.
In this situation, the bus carrier failed to possess legally required insurance coverage. The bus company itself could be liable, and the families of the decedents involved in this accident may bring a claim against the company. However, if it filed for bankruptcy, there may be little compensation left for the unfortunate victims of the accident.
For injured parties in other vehicles involved in this accident, they could collect compensation under their own uninsured motorist policies, if they were covered, which permits compensation claims in the event one is injured by the negligent conduct of an uninsured driver.
If you hav ebeen injured in a bus accident or other motor vehicle accident, the Law Offices of Jay A. Bansal can help. Contact our Phoenix accident law firm by email or call 602-910-6804 today.
