Georgia Injury Law Blog

But for good fortune, it would have been a repeat of the tragic Bluffton bus accident in Atlanta that killed seven people in 2007. A group of students from Michigan escaped serious injuries when their bus driver almost made the same mistake that the Bluffton University bus driver did.

The students who were on their way from Michigan to Orlando were traveling in two buses. The driver of the first bus mistook the exit ramp for a through lane, and just managed to stop in time to avoid a potentially serious crash. It was the exact same mistake that the driver of the bus in which several Bluffton University students had been killed two years ago, had made. The near miss has called into question Georgia Department of Transportation's tardiness in making adequate signage available to warn motorists of the dangerous site. 

According to driver Rick Overtein who narrowly avoided an accident, the ramp is still very "deceiving." Two years after the tragic Bluffton college bus accident, it's obvious that signage warning drivers on the ramp is still insufficient. After the Bluffton accident, the Georgia Department of Transportation had come in for severe criticism, including sharp words from the National Transportation Safety Board for its failure to install proper signage. The Department of Transportation last week began work on updating the HOV exit, where the Bluffton accident occurred, a full two years later. It will be weeks before the overhead signs come up at the site.

To Georgia personal injury lawyers, It isn’t clear why it should take more than two years to correct a defect on a road that was responsible for a deadly bus accident. State agencies are responsible for making sure that highways are safe for use. This includes a well designed road that ensures smooth and safe movement of traffic. From properly functioning lighting to sufficient barriers, signage and smooth road surfaces, motorists deserve to travel on roads that are safe and can help prevent accidents.

Posted By Lisa Siegel In Bus accidents | 0 Comments Permalink

 

 

 

Back in 2007, a bus accident in Atlanta, involving a vehicle carrying baseball players of Bluffton University, Ohio killed seven people on board, including five players, the driver and his wife. That accident was blamed on driver error, as well as the failure of the Georgia Department of Transportation to maintain important traffic safety devices.

A new report by ESPN brings back memories of that tragic accident, and underscores how much at danger our college athletes are when they travel in buses that are operated by companies with a bad safety record. An analysis done by ESPN's Outside the Lines shows that between 2007 and 2008, hundreds of college teams and athletes traveled on buses operated by companies that have frequently failed to comply with federal bus safety standards. During this period, close to 85 Division I universities used charter bus companies that were found to be deficient in at least one federal safety score. Even worse, of these 85 universities, close to 35 were been found to have hired buses from companies that have more serious safety infractions on their record. These companies have what is called a "constitutional rating," meaning that the schools should have been refrained from using the company.

Problems at a number of these bus companies used by colleges and universities included faulty maintenance of the buses. Drivers were found to be less than qualified, and too inexperienced to operate these buses.  Tinkering of log books was found to be widespread. Manipulating log books allows drivers to clock in more number of hours than is permitted, ending up with more money for the driver, but seriously jeopardized safety for the passengers of the bus. Drivers were also allowed to work for several days before undergoing drug and alcohol testing. Other more serious problems included malfunctioning emergency exits.   Studies indicate that bus companies that are found to be deficient in safety scores have a higher incidence of accidents. What's worse is that authorities at colleges, who had used these buses frequently, when contacted by the ESPN team, were simply unaware that the companies had all these violations to their credit. 

With universities trying to cut down costs, more of them are ferrying students by buses rather than airplanes. It's fair to assume that none of these students will be aware of the safety record of the company that operates and owns the bus, or the capability of the driver who's driving it. In short, universities are trusting unsafe companies with the safety and lives of their students, and there can be little excuse for such negligence. Not being aware of a bus company's safety record is hardly an excuse. The safety of athletes who are traveling is the responsibility of the university they are playing for, and it's condemnable that these colleges don’t see it necessary to screen the bus companies they hire thoroughly, before they award a contract. As Atlanta bus accident attorneys, we strongly feel that student safety should be worth much more than this. 

Posted By Lisa Siegel In Bus accidents | 0 Comments Permalink

Lack of funding is the reason why Clayton County buses are bursting not only with people, but with the potential for a serious accident. According to MARTA, which operates 22 buses through C-TRAN, Clayton County's public transport system, more buses are desperately needed to avoid the overcrowding problem on local buses. The problem is huge, and is getting to the point where a bus is forced to routinely take close to 20 more passengers than it can handle.

MARTA general manager Beverly Scott is concerned enough about the problem to ask for additional funding to address this concern. Apart from at least 6 new buses that will be needed to counter the overcrowding problem, new drivers to operate these as well as additional routes will have to be planned for. On February 17^th at a hearing that included county residents, the Clayton County Commission received an earful of complaints about the dangers they faced traveling on County buses. Besides the road safety issues involved, residents complained that they were frequent fights breaking out on the buses as passengers jostled for space.

MARTA is expecting more than $60 million in federal stimulus money.  However, those expecting the money to be used to expand essential bus services are likely to be disappointed. MARTA expects money to be used for current facilities, including repairs and other projects.

Overcrowding on buses is a bigger safety problem then we may think it is. For instance, fights and threats on a bus when passengers are fighting for even standing space could cause distractions to the driver. As Clayton County personal injury lawyers, we're concerned that an accident involving such a bus also increases the number of injuries on board simply because there were more numbers of people on the bus than should have been there.

It's unfortunate that citizen safety is the first thing to fly out the window as soon as budgeting concerns show up. The overcrowding problem on Clayton County buses is severe enough to take seriously, and lawmakers must make efforts to demarcate funding that will alleviate the problem. It may be difficult, but it can be done if authorities have the stomach for it.

Posted By Lisa Siegel In Bus accidents | 0 Comments Permalink

The National Transportation Safety Board (NTSB) met yesterday to review the March 2, 2007 bus crash at Northside Drive and I-75 that killed seven people and injured twenty-eight on-board passengers. The NTSB ruled the cause of the crash to be signage confusion and driver error. The NTSB also attributed the deaths to lack of passenger restraints in the bus. 

 

The crash occurred when the bus driver, traveling southbound on I-75, mistook an HOV exit ramp at Northside Drive for the HOV through lane. The bus was carrying members of Ohio’s Bluffton University baseball team as well as the bus driver and his wife. The driver and his wife were killed in the accident as well as five other team members. All twenty-eight surviving passengers were injured when the bus went off the overhead concrete barrier at Northside Drive and crashed onto the interstate below.

 

The HOV lanes were added at the time of the summer Olympics in Atlanta in 1996. Ten years of traffic accidents at this site show a history of confusing signage for motorists. The Georgia Department of Transportation (GDOT) maintains this roadway.

 

The NTSB on Tuesday expressed frustration with GDOT’s failure to post adequate signage after similar crashes began occurring. In fact, today the confusing signage remains at this exit ramp.

 

Accident reconstruction revealed the driver to be travelling approximately 65 mph shortly before braking. This would have been ten miles over the speed limit. He did not appear to brake until he entered Northside Drive traffic. He did not appear to have braked in response to one “exit ramp” sign or two “stop ahead” signs. He also did not brake at the stop signs at the top of the exit ramp. 

 

However, the NTSB criticized the GDOT signage for its failure to include the word “Exit” at the entrance ramp. The two-sign pole originally intended for installation would have included the word “Exit” but DOT officials left it off in an effort to ready the HOV lanes for the summer Olympics. Today, the signage remains although GDOT has installed smaller signage and more pavement markings since the crash. There are six left-hand HOV exit ramps in metro Atlanta currently.

 

The NTSB recommended the following changes:

 

The GDOT should:

1. Install left message plaques ½ mile and one mile prior to the exit ramp and on the directional arrow exit for the ramp.
2. Position the pull-through sign for the southbound I-75 HOV lane next to the exit sign on Northside Drive.
3. Install an advisory speed limit sign on the Northside Drive HOV ramp and on other left-side exit ramps throughout the state.
4. Add an “exit” pavement marking paired with an HOV diamond pavement marking on all left HOV interstate exits.

 

The Federal Highway Administration should:

1. Include in the manual for traffic control devices that HOV-only left exits have “left” message plaques.
2. Require that “exit” direction arrow signs be placed adjacent to pull-through signs at exits with limited sight distance, short ramps, or multiple route choices.

 

The National Highway Traffic Safety Administration should:

1. Require new motor coaches to have seatbelts or other crash protection systems
2. Require on-board recording systems for all school buses and motor coaches built after January 1, 2003.    

 

In 1999, the NTSB recommended that the NHTSA adopt several measure to protect occupants of motor coaches. The NTSB has determined that most fatalities occur when occupants are ejected or partially ejected from buses. Passengers in the March 2, 2007 bus crash were killed when they were ejected through side windows and the windshield. 

 

HOV lanes are a relatively new addition to our interstate highway system. Despite engineering efforts, the fact remains that drivers do not recognize left-hand exits because they are outside of normal driver expectations. Traffic safety engineers and roadway designers did not take into account or failed to significantly appreciate the driver confusion that arises when left-hand exits are added to the interstate highway system. 

 

Ten years later, traffic accident data suggests that these may be excessively dangerous. Also, more could be done to protect occupants in buses and motor coaches. Whether our state highway department will heed the warnings and recommendations of the NTSB is another matter. The NTSB has no authority to enforce its recommendations.  Often, legal liability does more to change governmental behavior.  

 

If you or someone you love is seriously injured in an automobile collision or a bus or trucking accident, contact the law firm of Robert N. Katz for a free, private consultation.   

Posted By Lisa Siegel In Bus accidents | 0 Comments Permalink