Proposed school bus safety rules give manufacturers immunity
We have seen years of criticism of the lack of seat belts and inadequate passenger protection on school buses and other buses. In the next few days, the National Highway Traffic Safety Administration’s (NHTSA) is expected to issue a final rule that will require seatbelts for small school buses but only recommends seatbelts for larger school buses. Larger buses will be required to increase the seat back height four inches, at somewhat less cost than adding seat belts.
The rule also includes preemption language that seeks to give blanket immunity to the industry that manufactures buses and their parts. The language would make it much more difficult to recover damages children seriously injured or killed in school bus accidents.
This is just one of numerous regulations that the outgoing administration is seeking to finalize before inauguration day on January 20th, while departing officials seek to feather their nests for new jobs in the industries they have been regulating. Finalizing a regulation before the change of administrations would make it much more difficult for the new administration to change the regulation.
Ken Shigley is a seasoned Georgia trial lawyer specializing in representation of plaintiffs in motor carrier (truck and bus) crashes. Practicing statewide in Georgia, he also participates as counsel or a consultant in major cases in other states where he can be admitted pro hac vice. Formerly chair of the Southeastern Motor Carrier Liability Institute, he is on the National Advisory Board for the Association of Interstate Trucking Lawyers of America and is actively involved in the Interstate Trucking Litigation Group of the American Association for Justice. Named a "Super Lawyer" by Atlanta Magazine and one of the "Legal Elite" by Georgia Trend Magazine, he is a Certified Civil Trial Advocate of the National Board of Trial Advocacy. He frequently lectures on trucking litigation topics at national continuing legal education programs. Mr. Shigley is Secretary of the 40,000 member State Bar of Georgia.
