The Federal Motor Carrier Safety Administration (FMCSA) is facing hard questions regarding its safety audit practices following two recent fatal bus accidents including a crash involving a tour bus in New York resulting in the death of 15 passengers. There are approximately 3,100 motor carriers in the U.S. and 433 currently are on “alert” status with the FMCSA that supervises truck and bus carriers. An alert means that a spot inspection during the prior two year period revealed serious or repeated violations. Despite the predominance of serious questions regarding almost 14% of motor carriers, over half of those who have an alert have not had a full safety audit during the last nine months.
The lax enforcement of safety standards both with regard to bus maintenance and driver safety practices means that more serious bus accidents are almost inevitable. If you have been seriously injured in a serious Mississippi bus accident, our experienced motor vehicle accident lawyers may be able to file a lawsuit to obtain compensation for your injuries or the wrongful death of a loved one. Whether you are injured in a bus accident, taxi crash or on any other public transit accident, we will carefully investigate the cause of the accident and review past safety violations and/or accident reports. We understand the importance of identifying all potential responsible parties so that we can obtain the best possible result in your Mississippi vehicle accident case.
The companies that own the tour buses involved in the two recent fatal bus crashes reveal the crux of the problem. The company that owned the tour bus in the New York crash was World Wide Travel, which had an alert stemming from five separate violations of fatigued driver rules since May 2009. Super Luxury Tours, which owned the bus involved in a recent Pennsylvania crash was cited for 33 violations since its last safety audits. The majority of these violations were for violation of driver fatigue rules and speeding.
Buses are classified as “common carriers” under Mississippi law, which means that they have a heightened duty of care to protect their patrons. These widespread safety violations suggest that many tour buses and other private charter bus companies may not be complying with the obligation to take extra care to protect those who ride buses. This failure to comply with proper safety practices is particularly concerning because buses lack many of the safety measures that reduce the seriousness of injuries in other motor vehicle accidents including seat belts and air bags.
In the wake of the recent tragic accidents, the FMCSA is reviewing their safety enforcement practices to determine how to better enforce full audits when alerts are issued against a busing carrier. Unfortunately, almost 25 percent of all motor carriers have not had a full safety audit during the last three years. We can only hope that the recent fatal bus accidents may promote changes that make all of us who ride buses in Mississippi safer. If you are seriously injured in a Mississippi bus accident, our experienced Mississippi bus accident lawyers are prepared to fight for you.