Driver and Four Passengers Killed in Bus Crash

A bus crashed on a Highway 101 overpass just north of Soledad, California Tuesday afternoon, killing five people and injuring dozens more.

Investigators believe the bus was the only vehicle involved in the crash. Apparently the bus hit a guardrail as it entered the overpass and rolled several times. The bus slid almost 300 feet before finally coming to a stop just a few feet from the edge of the overpass. Police Chief Richard Cox stated that if it had continued a few feet more it would have likely careened off the overpass.

The bus was carrying 36 people, including the driver. Four passengers fell from the overpass to the road below after being ejected from the bus. One passenger fell to the railroad tracks below. A 13-year-old girl and six others were airlifted to hospitals in Fresno and San Francisco. What I can discern from the many news reports, every person on the bus was injured. The scene was “horrific” according to Chief Cox, with people and luggage scattered along the overpass. The work of 16 rescue agencies, five ambulances and seven helicopters is to be lauded for their efforts in tending to the mass tragedy.

What caused the bus to spiral out of control is still under investigation, but one emergency responder said the overpass is notorious for its dangerous crosswinds. A California Highway Patrol Officer also mentioned that the wind was howling from the Northwest at the time of the accident. However, it is still too early to know if this had anything to do with the accident.

The bus company, Orion Pacific, had a clean inspection record on its vehicles and drivers in the past two years. The company received a satisfactory rating, the highest possible, in a comprehensive audit of its vehicles and safety practices in December 2006. The company also has up-to-date insurance with the $5 million coverage the law requires.

I don’t know how far $5 million coverage will go in an accident of this magnitude. What really caused this crash? Was it high winds? Was it driver error?

If driver error, there is little doubt that every penny of the company’s $5 million in coverage will be paid out for the victims and their families. But what if it was high winds? If high winds were known to cause this to be a dangerous area, could anything have been done prior to the accident? We know that we cannot prevent wind, however, are their measure that could have been taken by the State of California to make this area safer? Barriers? Windbreaks? An alternative roadway design or configuration? Perhaps these measures were considered before this crash—perhaps not. If there was knowledge to the State of California that this was a problems area, and if something could have been done, then there may exist liability on the State for failing to do something.

We cannot prevent every accident. In truth, the law does not require states to build “perfect roads”. The states are required to build roads that are “reasonably safe” for highway travel, and, that comply with federal highway standards. However, what is “reasonably safe” or federally “compliant” may include a changing set of circumstances depending on knowledge of the area, of problems regularly encountered by drivers and accident history. No longer are States allowed to merely use the cigarette defense (that little warning on the side of the pack is enough). There is a duty to provide reasonably safe roads, and/or, provide warnings to travelers of any potential dangers. The failure to act in accordance with these standards varies with each location and each accident. Investigation is key here in determining how and why this tragic accident occurred.

At Zachar & Associates, we have investigators who regularly travel to accident sites to conduct these types of investigations. Timing is critical for these people because evidence needs to be collected now, before it disappears. I believe that an immediate and complete investigation is extremely important but it is even more consequential in this case in particular due to the large amount of evidence that will need to be collected and preserved.

We wish all the survivors of this tragedy a full and quick recovery and we send our condolences to all of those who have lost a loved one in this tragic event.