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Minnesota Tour (Charter) Bus Accident Kills Jessica Weishair and Injures Several Others

Pritzker | Olsen, P.A., a premier Minnesota personal injury law firm, has provided the following information on the Minnesota Tour (Charter) Bus accident that killed Jessica Weishair, a sophmore at Pelican Rapids High School, and injured several others. We have a national reputation and lawyers at the firm have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman have been named Minnesota "Super Lawyers" by Law & Politics magazine. To contact us, please call toll-free at 1-888-377-8900, e-mail Fred Pritzker, or submit the free case consultation form. 

Early Saturday morning, a tour bus carrying Pelican Rapids High School band students crashed, killing Jessica Weishair, a sophomore at Pelican Rapids High School, and injuring several others, who were transported to area hospitals. According to news reports, one adult and three students remained hospitalized Sunday night.

The tour bus was going westbound on I-94 near Albertville, Minnesota. On a curve, the bus went off of the road and ended up on its side. Although we are still experiencing winter-weather conditions, the roads were dry that morning, according to the state patrol. State officials are still investigating the crash.

At the time of the accident, the tour bus was about 8 hours into a 12 hour, all-night trip from Chicago to Pelican Rapids. Under federal law, bus drivers cannot drive for more than 10 hours at a time. A Star Tribune story on the accident looks at driver fatigue as a possible factor in the accident:

“It’s not uncommon for a driver to drive 10 hours on a charter [trip],” said Capt. Ken Urquhart, commander of the State Patrol’s commercial vehicle enforcement section, which oversees charter buses.

Federal laws limit charter bus drivers from driving more than 10 hours at a time.

The laws, which have been adopted by most states, require drivers to take eight hours off in a work cycle where they drive 10 hours.

That means they have to take a total of eight hours off between 10-hour driving stints or split the eight hours into two rest periods during a 10-hour drive, Urquhart said. The second option allows drivers to sleep or rest for as little as two hours before getting on the road again.

“I was never a fan of that … concept,” said Urquhart, who said he was commenting on the laws and not on this accident. “Two hours of sleep isn’t very much. Our biggest concern here is yeah, you might have somebody complying with the standards, but they’re not getting enough rest.”

The laws are the same for nighttime driving, although some states require a reduced speed come nightfall. Minnesota doesn’t. . . .

Representatives of the bus company involved in the crash, Richards Transportation Service Inc. of Moorhead, Minn., could not be reached for comment Sunday. The driver, Loren D. Ernst, 69, of Moorhead, also could not be reached. He was treated for injuries and released after the crash.

Michael Moran, CEO of Reichert Bus Service in Baxter, Minn., and president of the Minnesota Charter Bus Operators Association, said he thinks current laws governing rest are sufficient. “For the most part, they work very well,” Moran said. “It’s a pretty safe industry.”

Liability of Tour (Charter) Bus Companies and
Bus Accident Lawsuits

“Pretty safe” (see Michael Moran quote above) is not a comforting level of safety for tour buses. Tour buses should be extremely safe, and it is the responsibility of tour (charter) bus companies like Richards Transportation Service Inc. of Moorhead, MN to make sure that passengers on their buses arrive safely at their destinations. Buses are common carriers and are obligated under federal law to provide a high level of safety to their passengers.

If someone is injured in a tour (charter) bus accident, they can sue the bus company for damages. Damages can include: past medical expense, past wage loss, past pain and suffering, future medical expense, future impairment of earning capacity and future pain and suffering.

If someone is killed in a tour (charter) bus accident, their family can file a wrongful death lawsuit against the bus company. Damages for wrongful death in Minnesota do not include pain and suffering if the death was instant. However, a good lawyer will be able to recover amounts for loss of advice, comfort, assistance, protection, counsel and society.

 

 


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