At Clark and Steinhorn, we write infrequently about crashes and incidents in other jurisdictions, except to illustrate a point or a particularly egregious example of some dangerous practice that we observe in the course of our practice.
In a recent article we discussed the issue of how to deter commercial trucking companies and tour bus companies from dangerous and potentially deadly practices. http://www.maryland-law.com/library/unsafe-at-any-speed-part-two-dangerous-bus-and-trucking-companies-in-maryland-and-elsewhere.cfm
The ultimate deterrence is of course criminal prosecution and in New York State today the driver of a bus involved in a crash that killed 15 was reportedly indicted on 15 charges of manslaughter.
Ophadell Williams was driving a bus on I-95 on March 12, 2011 from the Mohegan Sun Casino to New York when a cataclysmic crash took place, killing 15. Some passengers report that Mr. Williams fell asleep while driving and federal authorities state that within a minute of the actual crash he was going seventy eight miles per hour in a fifty five mile per hour zone.
It has been subsequently revealed that Mr. Williams was driving on a revoked license and had served time for manslaughter and larceny. The inevitable unanswered question, who at the bus company turned over the lives of 33 innocent passengers to a revoked license criminal?
Why do the company heads escape the criminal prosecution and the Mr. Williamses of the world are the fall guys?