McKinney, TX — November 14, 2017, a driver and six students were injured following an accident where a school bus crashed off Central Expressway.
Authorities from the McKinney Police Department reported that the accident happened at around 8:00 a.m. near the intersection of US 75 and Virginia Parkway.
According to preliminary reports, a McKinney ISD school bus was traveling along the Central Expressway service road. Officials say the driver suffered an unspecified medical episode, causing the bus to lose control. It careened off-road, crashing into a ditch.
The driver was taken to a hospital in unknown condition. Of the 8 students on the bus, 6 were taken to a local hospital with non-life-threatening injuries.
At this time, investigations are ongoing.
Map of the Area
Determining liability in incidents where a driver runs a stop sign or is drunk is relatively straight-forward, but what does the law say in a seemingly unpredictable situation like this? A sudden medical emergency is a legitimate defense in most situations, however these scenarios aren’t always as unpredictable as they seem.
Professional drivers are held to a higher standard than your typical passenger vehicle driver. If the driver of an 18-wheeler, bus, or other such vehicle seems to be in perfect health and has passed physicals, then it stands to reason their employer wouldn’t be able to foresee a sudden medical emergency happening. In that case, it wouldn’t be reasonable to hold them liable for an accident.
However, I’ve encountered many similar situations where an employer either ignored a driver’s medical history or neglected to look into at all. Commercial vehicles are very dangerous, and employers have a duty to ensure their drivers are capable of performing their duties without issue. If they fail to address a driver’s medical conditions, and those conditions lead to the injury of others, then the company can certainly be held liable for an accident.
Of course, I’m not necessarily saying that’s what happened here, rather that it’s an important detail that needs to be thoroughly examined. On top of that, even if turns out there recourse against the bus driver’s employer, accidents involving school buses have their own set of rules and regulations since it involves a government entity. That subject is discussed further in-depth in the article below.School Bus Accidents How The Law Protects Schools And Fails Students, And What Can Be About It...Read More >
Whatever the case, any accident like this is sure to have its fair share of complexities. It’s always best in such situations to ensure that victims and their families have an experienced professional to guide them through the process.
–Grossman Law Offices