It’s plausible that any future bus accident lawsuits stemming from this case could point to this as a central issue in asserting negligence. The reason is that while the alternate route he found on a GPS setting for commercial vehicles may have been faster, it failed to take into account the difficulty in crossing the tracks. This issue proved fatal because the bus got stuck on the tracks as a train approached.
Already, two lawsuits have been filed by relatives of decedents killed in the crash. Their claims name as defendants:
- The bus driver (for negligent operation of a commercial vehicle, including failure to follow traffic signs);
- The bus driver’s employer (for vicarious liability, as well as direct liability for negligent hiring and negligent supervision);
- The railroad company (for allowing an “ultra-hazardous condition” to exist at the crossing).