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. 

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?

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