A fatal NM charter bus crash occurred in Pueblo, Colorado, which killed two people and injured several others, including Albuquerque, New Mexico resident Jason Marshall, 53. The NM bus crash occurred on I-25 and about 10 miles norther of Pueblo, Colorado.
According to news sources, the Albuquerque charter bus was carrying 15 members of a church group and was returning from Colorado and back to Albuquerque, NM. The bus ran off the side of the highway and struck a bridge support at high speed. The NM bus crash killed two people and injured several others on the bus. Initial reports provided to police from witnesses indicate that the bus driver may have suffered a medical emergency such as a seizure prior to the crash. Five occupants of the bus have sustained serious personal injuries and one of them remains in critical condition. There were two fatalities, one being Jason Marshall and the other being the driver. Police are still investigating the cause of the crash.
There are many possible grounds for liability in a New Mexico bus accident like the NM charter bus crash in Pueblo, CO. The first and most important point to understand is that a passenger rarely has liability or comparative fault in a bus accident. This is because passengers are not causing or contributing to the crash unless they purposely act in a manner to inhibit the ability of the driver to operate the bus. Here, there is no evidence that any passenger caused or contributed to the crash. Even if one passenger did cause the crash, which is highly unlikely and there is no evidence of this, all of the other passengers may still be entitled to collect compensation for their injuries without having any fault attributed to them. Meaning that the other passenger will not be bound by the mistake or other passengers.
But it is most likely the fault of the bus driver or the bus company, particularly the bus company. This is because an employer is liable for the negligence of its employee’s actions which are performed within the scope of employment. This means that actions of the bus driver that resulted in the death of Jason Marshall will be imputed on the bus company. Thus, the bus company may be liable for the actions fo the bus driver.
The issue with this case may be that the bus driver has a medical emergency. This may make a claim against the bus driver and bus company more difficult. However, this does not allow the bus driver or bus company to escape liability. For instance, if the bus driver had a certain medical condition but ignored it, or had concerning symptoms but ignored them, the bus driver and the bus company could be liable for the fatal NM charter bus crash in Pueblo.
Additionally, the bus company must ensure that all employees are properly screened to ensure they are medically able to operate a large commercial vehicle like a bus. If the bus company failed to perform a medical exam or medical background review of the bus driver, or if the bus company ignored some of the bus driver’s medical conditions which have a proclivity to cause harm to others, the bus company could be independently liable for this fatal NM charter bus crash in Pueblo. This is both under state law, but also under Federal Motor Carrier Safety Administration Regulations (FMCSA) which prohibit a driver of a commercial vehicle from operating such vehicle while ill or compromised.
The victims and families of this NM charter bus crash in Pueblo, CO should call the Mark Caruso by dialing (505) 883-5000 to protect their rights to compensation. This is because commercial vehicle accidents are more complicated than regular motor vehicle accidents. Victims and their families need dedicated commercial vehicle accident lawyers like Mark Caruso to protect their rights. Call to schedule a FREE consultation to learn how we can help you and your family.
We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Las Cruces, Santa Fe, Roswell, or anywhere else. Call the Mark Caruso by dialing (505) 883-5000 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.