Commercial vehicle companies often try to narrow the window of liability for bus or trucking incidents by creating separate companies with limited assets who own the equipment, handle the drivers, provide the freight or handle the passenger development. Here's how they did this:
The commercial vehicle company obtains the necessary permits to operate the vehicle. However, the company often does not own the equipment used to haul the goods or people. Instead it leases (rents) the equipment from the "owner/operator." The company also does not directly employee the drivers. Instead, it hires them as independent drivers, or uses another company to hire them and then leases the drivers from that company.
The company gives the owner/operator a "placard," which includes the name of the company and its permit numbers. The placard is then affixed to the door of the vehicle -- which makes it seem like the truck is owned by the named company and the driver is an employee of the named company. However, in some instances the vehicle is actually owned and operated by another completely separate company whose "Rights To Operate" may not include what the vehicle is doing at the moment the incident occurs. These technicalities must be ironed out for a successful suit to proceed.
FEDERAL MOTOR CARRIER SAFETY REGULATIONS
Subpart A - General
§ 392.1 Scope of the rules in this part. Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part.[53 FR 18057, May 19, 1988, as amended at 60 FR 38746, July 28, 1995]
Subpart A - General
§ 392.2 Applicable operating rules.Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]
Subpart G - Prohibited practices
§ 392.62 Safe operation, buses.No person shall drive a bus and a motor carrier shall not require or permit a person to drive a bus unless—(a) All standees on the bus are rearward of the standee line or other means prescribed in
§393.90 of this subchapter;(b) All aisle seats in the bus conform to the requirements of §393.91 of this subchapter; and(c) Baggage or freight on the bus is stowed and secured in a manner which assures—(1) Unrestricted freedom of movement to the driver and his proper operation of the bus;(2) Unobstructed access to all exits by any occupant of the bus; and(3) Protection of occupants of the bus against injury resulting from the falling or displacement of articles transported in the bus.[63 FR 33278, June 18, 1998]
Below is a list of major incidents and accidents on Greyhound buses and buses of subsidiaries in the United States.
August 4, 1952: In Greyhound's deadliest accident, two Greyhound buses collided head-on along the then-U.S. Route 81 near Waco, Texas. The fuel tanks of both buses then ruptured, bursting into flames. Of the 56 persons aboard both coaches, 28 were killed, including both drivers.
May 9, 1980: A freight ship collided with the Sunshine Sky-way Bridge in Tampa, Florida, resulting in several vehicles including a Greyhound bus falling into Tampa Bay. All 26 people on the bus perished, along with nine others. This is the largest loss of life on a single Greyhound coach to date.
October 3, 2001: At approximately 4:15 a.m. local time, a passenger, Damir Igric assaulted the driver of his bus, attempting to slit his throat, and causing the bus to crash near Manchester, Tennessee, killing Igric and five other passengers and injuring 32 others. Since the incident occurred three weeks after the September 11 terrorist attacks, Greyhound temporarily disabled its entire system as soon as the company learned of the incident for fear that it may have been part of a larger coordinated attack. After investigation by the company and the FBI, it was confirmed that Igric had acted alone, and service resumed later that afternoon. After the incident, Greyhound bus stations increased security, though not nearly to the same level as that of airports or train stations.
September 30, 2002: Arturo Martinez Tapia assaulted another Greyhound driver near Fresno, California, resulting in two passenger deaths after the bus then rolled off an embankment and crashed. Following this attack, driver shields were installed on most Greyhound buses which now prevent passengers from having direct contact with the driver when the bus is in motion, even if the shield is forced open. On buses which do not have the shield, the seats directly behind the driver are usually off limits to passengers.Type your paragraph here.
Hentz Morrissey Associates Power Point Presentation
Friday August 14th, 2015, Borgata Casino Water Club.
Lead Investigator Charles Hentz (back row 2nd from left, (big bald guy) Guest Speaker Vacation Torts Day. He spoke on Commercial Incident (accident) Investigation involving trucks, van's, Jitney's, buses, taxi's.
Also in photograph Judge Charles R. Previti JSC (Ret) Michael J. Ferrara Esquire, Tom Vesper Esquire, Timothy E. Annin Esquire, Cynthia P. Liebing Esquire, and Paul R. D'Amato Esquire.
THE NATIONAL SAFETY COUNCIL
Indicates that an automobile collision is not an accident, but an incident. an accident is something that is unpreventable. an incident is preventable.
EXAMPLE OF AN INCIDENT
Vehicle ignores a stop sign and strikes a crossing vehicle, preventable incident. EXAMPLE OF AN ACCIDENT
Purchase a new tire, drive down the highway. Tire blows out due to a road defect, and the vehicle strikes a pole, unpreventable on your part.
MORE THAN 500 VEHICULAR TRAFFIC INCIDENTS.
HAVE RECONSTRUCTED OR ASSISTED WITH THE RECONSTRUCTION OF MORE THAN 50 FATAL OR SERIOUS INJURY INCIDENTS.
HAVE BEEN QUALIFIED AS EXPERT WITNESSES IN THE FIELD OF INCIDENT, ACCIDENT INVESTIGATION.
RECONSTRUCTION TESTIMONY FOR BOTH DISTRICT AND COMMON PLEAS COURT IN MONTGOMERY COUNTY, PA. & NEW JERSEY SUPERIOR COURT.
HAVE TESTIFIED AS EXPERT WITNESSES IN NUMEROUS DEPOSITIONS FOR CIVIL & CRIMINAL
LITIGATION & CASES.
HAVE CONDUCTED OVER 1,000 NORTH AMERICAN STANDARD COMMERCIAL VEHICLE INSPECTIONS.
GUEST SPEAKER AT THE NEW JERSEY BAR ASSOCIATION IN SERVICE TRAINING SEMINAR IN ATLANTIC CITY, N.J.
GUEST SPEAKER ON COMMERCIAL VEHICLE ACCIDENT, INCIDENT INVESTIGATIONS AT SEMINAR SPONSORED BY THE MONTGOMERY COUNTY DISTRICT ATTORNEYS OFFICE
GUEST SPEAKER ON COMMERCIAL VEHICLE REGULATIONS AT SEMINAR SPONSORED BY LANSDALE,PA. WAREHOUSE TRUCKING COMPANY.
HENTZ & MORRISSEY ASSOCIATES
COMMERCIAL VEHICLE EXPERT TESTIMONY
Attorney's must have a thorough knowledge of the law in the legal arena they practice in: Civil, Criminal, Real Estate, etc. in the specific jurisdiction where they are licensed to practice. Unless you have specialized in Federal Motor Carrier Safety Regulation litigation, how can you be expected to know everything about this subject? You cannot!
When confronted with a case involving commercial motor vehicles and Inter-State commerce you must obtain an expert in this field.
Finding just such an expert can be daunting, as anyone wishing to find work for a commercial truck or bus company will be reticent to offer you their services, if they ever want to work in that field again!
LOOK NO FURTHER
We are that expert! We provide expert testimony in court pertaining to the operation of commercial vehicles under the regulations promulgated by the U.S. Department Of Transportation in the Federal Motor Carrier Safety Regulations.
Keep in mind the various states wherein you will be required to represent your client all have different motor vehicle laws/rules/regulations that will have an impact on whether or not you receive a favorable judgement for your client. As experienced law enforcement professionals we have a lifetime of knowledge in this area.
FACEBOOK, VIEW VIDEO PRESENTATION EXPERTISE IN THIS FIELD OF INVESTIGATION
Robert M. Schlanger, Esquire
PO Box 158, 271 Walker St
Fairview, NJ 07022
NRA CERTIFIED FIREARMS TRAINING IN BANGOR PA.
COMMERCIAL VEHICLE ACCIDENT INVESTIGATION
RETIRED POLICE OFFICER PERMIT TO CARRY QUALIFICATION, PA & NJ
REFUSE TO BE A VICTIM SEMINAR
PA. CHIEFS OF POLICE ACCREDITATION
Heavy Vehicle Electronic Control Module Data Crash Reconstruction IPTM.
Trained to operate the imaging ECM’s, ABS Systems, and obtain the information from virtually every System in a commercial motor vehicle. Includes Cummin, Detroit Diesel Paccar, International, Maxx Force, Mercedes, Caterpillar engines, Bendix, Meritor, Wabco, Halidex, ABS Systems and some GPS units. The data these systems contain can be invaluable in reconstructing a traffic collision.
Charles Hentz © ALL RIGHTS RESERVED.