Trial Attorney Blog
According to investigators for the National Transportation Safety Board (NTSB), the March 2, 2007 Blufton University bus crash that killed 5 members of the Ohio Blufton University baseball team and injured 28 others was “an accident that didn’t have to happen.” After a year long investigation, investigators for the NTSB concluded that driver error, confusing highway signage and a lack of passenger safety features in the bus carrying the baseball team were all contributing factors in the collision which also claimed the lives of the bus driver and his wife.
Several of our lawyers driving to work pass the site of this tragic collision every day. The signage that was being used at the time was confusing and according to the NTSB is still inadequate from a safety standpoint even as of today’s date. Numerous recommendations were made by the NTSB to state and federal officials to improve the signage so as to reduce confusion for those using High Occupancy Vehicle (HOV) lanes. NTSB investigators concluded that the bus driver operating the bus in question thought he was getting onto an HOV “thru lane” when he drove onto an elevated exit ramp plowing through a stop sign at highway speed and hurling from the overpass onto the interstate below. Investigators with the NTSB determined that Georgia Department of Transportation officials negligently changed the layout of the signs after having trouble with their mounting. The changes made by the Georgia DOT deviated from federal guidance about placement of certain exit signs to make them more clear. Moreover, there were 9 accidents which occurred at the site between 1997 and 2000 including 3 fatal collisions. The drivers in all of those crashes were from outside the Atlanta area. According to the NTSB, had appropriate investigation been done at the state level by the Georgia DOT regarding these prior fatalities, the tragic accident involving the Blufton University baseball team might never have occurred.
Even though the signage at the exit was confusing at the time, there was signage available to the driver of the bus indicating that he was taking an exit. Also, once he entered the exit ramp, inexplicably, he traveled for 14 seconds at a speed of 65 miles per hour, never once slowing down even though there were warnings and stop signs ahead. There was no evidence of breaking activity until after the driver ran the stop sign crashing over the barrier that lead the bus to crash onto the underpass below. Thus, according to the NTSB, not only did inadequate and confusing signage erected by the Georgia DOT contribute to the collision, so did driver error. Additionally, because the passenger bus did not have occupant restraint systems and neither had lap belts or shoulder harnesses available for occupant usage, there was clearly a lack of protection for those in the bus. Since many of the baseball team members were ejected from the bus and sustained serious injuries, the NTSB noted that had there been occupant safety restraint systems, such ejections may have been avoided.
Regrettably, there are no federal standards requiring that commercial buses have occupant restraint systems for its passengers although there is a strong argument to be made that even despite the absence of such requirements the available technologies and alternative designs available to the manufacturers of buses is sufficient to impose such an industry standard of care particularly since such restraint systems are widely available in European countries.
As a result of its investigation, the NTSB has made numerous recommendations concerning occupant restraint systems, uniform signage for HOV lanes and exits and other safety proposals. We certainly hope the safety recommendations of the NTSB will be carefully studied by all state and federal authorities so that tragedies of a similar nature may be avoided in the future. The Blufton University families have suffered all too much as a result of this one incident. We do not need any others like it. Regrettably, unless the safety recommendations made are expeditiously implemented and the lessons from this preventable accident heeded, experience indicates that there will be other tragedies in the future.