The Cochran Firm Legal Blog

The Charlotte, North Carolina based tour bus company which crashed in the early morning hours of May 31, 2011 was only on the road because the company, Sky Express, appealed a Department of Transportation finding that the company was unfit for commercial interstate travel.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration(FMCSA) declared Sky Express, Inc, the bus company responsible for the deadly crash in the early morning hours of May 31, 2011, out of service. This out of service order prohibits the company from operating in any interstate transportation services. This order only came after this tragedy and too late for the passengers and the families of the four victims who lost their loved ones in this horrific incident.

This preventable tragedy on Interstate 95 North in Caroline County, Virginia was not the first time Sky Express, Inc. had safety problems. Based on reports found on FMCSA’s website Sky Express has been cited for the following violations in the past 24 months:

• 17 total unsafe driving violations
• 46 total fatigued driving violations
• 24 Driver Fitness Violations
• 120 Vehicle Maintenance Violations
• 4 crashes which resulted in a tow-away

Sky Express’s list of transgressions does not end here either. Following FMCSA’s cease-and-desist order against Sky Express after the deadly accident, Sky Express is believed to have attempted to sell tickets under a new name. The Transportation Department is reporting that after the deadly accident Sky Express was attempting to sell tickets under the names108 Tours and 108 Bus as well as re-painting their buses.

The Virginia State Police is currently investigating this accident and has issued an affidavit requesting a search warrant of documents and evidence of Sky Express. The search warrant confirms that the driver fell asleep or dozed off while operating the commercial vehicle.

Virginia wrongful death law allows for financial recovery based on loss of a loved one for grief, solatium, companionship and other claims, as well as economic losses. There is no statutory cap on the recovery available. The Cochran Firm is investigating this incident, including the amount of insurance coverage available and all possible defendants.

If you have been injured in a bus accident in the Washington, D.C. or Northern Virginia area, please contact The Cochran Firm today to schedule your free initial consultation. The Cochran Firm has extensive experience in the areas of mass tort casualty, bus injuries and death, and multiple death cases, including trying these cases successfully to verdict in Virginia.