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Bus goes KABOOM! Its the drivers fault?Follow

#1 Oct 18 2005 at 7:31 AM Rating: Decent
Rita Bus go boom!

Quote:
Hurricane Rita Bus Driver Charged

By MATT CURRY
Associated Press Writer

DALLAS (AP) -- The driver of a bus that caught fire while carrying nursing-home patients fleeing Hurricane Rita was charged Monday with criminally negligent homicide in the deaths of 23 passengers.

Juan Robles Gutierrez, a 37-year-old Mexican citizen, was taken into federal custody on an immigration violation five days after the Sept. 23 explosion near Dallas.

Sheriff's spokesman Sgt. Don Peritz would not give any specific examples of any negligence by Robles, saying details will be released if he is indicted.

"The bus is under his care, custody and control, and so is everyone on board," he said. "Safe transportation from the nursing home to the final destination is his responsibility. Based on the end result, he failed in that responsibility."

There was no immediate comment from the bus company, Global Limo Inc., which was shut down by federal regulators Oct. 7 as a hazard the public. Its telephone has been disconnected.

Peritz said the investigation was continuing and additional charges could be filed.

Each of the 23 counts of criminally negligent homicide carries up to two years behind bars and a $10,000 fine.

The bus erupted in flames about 16 hours after leaving Houston. Some passengers and the driver escaped, but the flames, fed by 18 medical oxygen tanks, trapped many inside.

From the beginning, investigators focused on the condition of the bus brakes. A motorist told investigators he motioned the driver to pull over shortly after seeing a rear wheel hub that was glowing red.

Authorities said Robles did not mention the encounter with the other driver when they interviewed him after the fire.

Sheriff Lupe Valdez said investigators also found no evidence that Robles helped several people off the bus before it was engulfed in flames, which was widely reported after the explosion.

"After an exhausting number of interviews, we have been unable to confirm any of those claims," Valdez said in a statement.

However, Peritz said a failure to help crash victims was not part of the charges against Robles.

Robles did not have a lawyer Monday. The Mexican Consulate said it would provide him with legal help.

The Texas Department of Public Safety has said that the bus' right rear brakes failed because of the loss of bearings, and that the left rear brakes were "not maintained in good working order."

© 2005 The Associated Press. All rights


So this is the drivers fault? That jail time and fines is enough to ruin his life. Granted he takes some responsibilty with the bus (Keeping passengers in check, not hitting stuff) but this was an accident. Why not sue the company who makes the air tanks that EXPLODED and killed everyone. Sue the old folks home for putting them on the bus in the first place. Fine the media for once again scaring the sh[b][/b]it out of Americans forcing an entire city to flee a rain storm.

If you are gonna blame this guy it be best that you just cover all the other loose ends and charge everyone. If not then just chalk this one up to a Tragic Accident.
#2 Oct 18 2005 at 7:33 AM Rating: Good
It's never a tragic accident with a 37 yr old illegal immigrant at t43 wh33l!!
#3 Oct 18 2005 at 7:42 AM Rating: Good
What they didn't tell you was the immigrant driver dropped his roach which started the oxygen tanks ablaze.
#4 Oct 18 2005 at 7:54 AM Rating: Decent
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1,254 posts
Somthing in me doubts that the guy was the owner of the bus. The owner of the bus is responsible for repairs and upkeep. The driver is just some poor shmuck in the wrong place at the wrong time.

If he did own the bus then I could understand how he could be culpable for the damage done. Otherwise, no.

Either case: go throw him back over the fence.
#5 Oct 18 2005 at 8:02 AM Rating: Decent
I do not know much in regards to law so my opinions are just me being human. The company does not seem to be the one being charged.

Quote:
Global Limo Inc., which was shut down by federal regulators Oct. 7 as a hazard the public. Its telephone has been disconnected.

Investigated thus far, but it seems no time was wasted charging the driver.

There has to be more to this story. Being deemed a hazard to the public would (to me) entail more than just this acident. Maybe they found the entire fleet was unsafe.

There have been numerous bus accidents here in NJ. NJ Transit has not been shut down for a driver flipping a bus on the parkway awhile back.


Edited, Tue Oct 18 09:16:51 2005 by Soracloud
#6 Oct 18 2005 at 7:20 PM Rating: Good
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2,324 posts
AngryUndead wrote:
Somthing in me doubts that the guy was the owner of the bus. The owner of the bus is responsible for repairs and upkeep. The driver is just some poor shmuck in the wrong place at the wrong time.

If he did own the bus then I could understand how he could be culpable for the damage done. Otherwise, no.



The DRIVER is responsible for the condition of the bus on the road. Every 1st year CDL holder knows that.

If he did a proper pretrip he would have noticed the brake problem. It would then be his duty to refuse to drive an unsafe vehicle. Sadly, many drivers don't pretrip.

I am going to assume a "brake fire" is what ignited the oxygen tanks.

As soon as any commercial vehicle leaves the terminal, it becomes the responsibility of the driver.
#7 Oct 18 2005 at 7:26 PM Rating: Good
I wonder if that bus driver was a CDL holder, though.

I've never seen a bus driver anywhere filling out logs. Course, I haven't been on a bus since 7th grade unless you count a couple of tours not in this country.

I realize it doesn't render the driver any less responsible, but I'm guess the driver of that bus only had to have the equivalent of a limo driver's license. Wonder if it had air brakes, I can't tell much from what's left.
#8 Oct 18 2005 at 7:31 PM Rating: Good
Encyclopedia
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35,568 posts
Just to add something.

Charging the driver with negligent homicide is a necessary pre-cursor to a deep-pockets lawsuit against the company. If he's found to be at fault, and he's an employee of the company, then the company can be sued for the wrongful death of those in the bus.

Of course, this looks like it might be one of those fly by night kind of operations, so who knows if anyone will ever get something out of it?
____________________________
King Nobby wrote:
More words please
#9 Oct 18 2005 at 8:36 PM Rating: Decent
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12,975 posts
I think another reason the charges are being upheld so tightly is the fact that he's ignoring many of the details that witnesses stated to have happened.

In other words, he's leaving a lot of loose ends for himself.
#10 Oct 18 2005 at 9:53 PM Rating: Default
article wrote:
____________________________________________________________
From the beginning, investigators focused on the condition of the bus brakes. A motorist told investigators he motioned the driver to pull over shortly after seeing a rear wheel hub that was glowing red.

The Texas Department of Public Safety has said that the bus' right rear brakes failed because of the loss of bearings, and that the left rear brakes were "not maintained in good working order."
______________________________________________________________

If I am to believe this is the case which started the chain of events that lead up to exploding oxygen tanks and the deaths of 23 people, well then clearly the blame lays with the mechanics and therefore ultimatly with Global Limo Inc.

this is why they are placing blame on the driver:

article wrote
______________________________________________________________
Juan Robles Gutierrez, a 37-year-old Mexican citizen, was taken into federal custody on an immigration violation five days after the Sept. 23 explosion near Dallas.
_______________________________________________________________



#11 Oct 19 2005 at 5:27 AM Rating: Good
Quote:
Charging the driver with negligent homicide is a necessary pre-cursor to a deep-pockets lawsuit against the company. If he's found to be at fault, and he's an employee of the company, then the company can be sued for the wrongful death of those in the bus.

Of course, this looks like it might be one of those fly by night kind of operations, so who knows if anyone will ever get something out of it?


In this case I believe it's the latter. IIRC the article stated the company has already been shut down by regulators and will likely not reopen their doors.

So the guy who hopped behind the wheel is being led to the cross on this because the families of all those people who died are going to have to have some blood.

Update:

Quote:
Also today, at least the third lawsuit was filed in the case. Two sons of 86-year-old Houstonian Lester Lothman, who was killed in the explosion, filed suit in Harris County district court against the bus company, Brighton Gardens and Robles.


They're going to see of that turnip has any blood in it. I suspect not, as the phone is already disconnected for the bus company.
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