subject: Bus Accidents and the Liability of Certain Individuals by:Nemelou Despuez [print this page] In April 2009, five people died in central California when their tour bus overturned after hitting a road barrier. While this may seem like another traffic accident, most people were surprised after they have found out that the driver, who was also killed in the accident, had a tarnished driving record but still managed to keep his job.
Three years before the accident, John Egnew, 69, struck a 71-year-old woman who was crossing in a pedestrian lane in Las Vegas. Nevertheless, the bus company still kept him as an employee.
Liability of the Bus Company
According to law, employers are liable for any injury that their workers will cause to other people. In this case, the bus company, which is the employer of Egnew, is liable for the damages its driver has caused to dozens of injured passengers and should provide compensation for the surviving relatives of the people who died in the accident.
Legal Remedies for Any Injured Passenger
In this bus accident, the company should provide financial compensation to the injured victims that will cover economic damages such as hospital bills and loss of wages and non-economic damages including emotional pain and suffering.
Preventing Negligent Hiring Claims
When hiring people who will be placed in sensitive positions, such as a driver for public transportation, any company should conduct a thorough investigation on applicants and workers to avoid negligent hiring claims.
According to law, companies, regardless of its operation and scale, have the legal duty to protect customers and members of the general public from injuries. This responsibility includes hiring only those who are fit to handle a sensitive position where due diligence should be practiced to avoid accidents.
To avoid claims and lawsuits, a company can also enroll its drivers to a bus driving program which include training on personal safety, security, crimes (assault, theft, hijacking), parental custody issues, and possession of dangerous materials and weapons.
Bus drivers should also learn all the traffic laws, even the most trivial ones. For example, several states do not allow public transportation drivers to use mobile phones and other electronic devices with the same features while on duty.
Exception from Liability
There are special cases when a company will not be held liable for the reckless behavior and negligent act of its workers.
For example, an off-duty driver, who used the bus without the consent of his supervisors or company, hit another vehicle and injured the people inside. In this situation, the bus company is not liable for the injuries and property damages caused by its driver.
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