Tractor-trailer hits school bus in Louisiana, 2 kids critical

Early this morning a JB Hunt owned truck slammed into the back of a school bus.  The crash happened around 7:30 a.m. on a straight, clear stretch of U.S. 190 between Port Barre and Opelousas, about 50 miles west of Baton Rouge, Louisiana.   The school bus reportedly had it flashers on and stop signs extended at the time of the wreck.  The bus driver apparently saw the truck bearing down on the bus and warned the kids to hold on in anticipation of the collision.  


The impact to the back bumper of the bus was sufficient to push up to the rear wheels of the bus.   For some reason, the truck driver has yet to be cited, although it seems clear that he was driving too fast and failed to keep a proper distance and lookout.  


As someone who has litigated tractor-trailer cases, it is very important to preserve as much evidence as possible and to do so quickly.  The driving logs of the truck driver need to be examined as well as his cell phone and texting records.  Also, data from all event recorders on the truck need to be downloaded immediately, to avoid any loss of data.  


Thankfully, emergency workers arrived quickly and efficiently dispatched injured kids to area hospitals where they received timely treatment.  All 21 kids were injured, 3 originally classified as critical and two underwent emergency surgery.   Let's all hope for complete recoveries for the kids and that JB Hunt and the driver take appropriate responsibility for the wreck.

Is U.S. Chamber of Commerce 'Sue Happy?'

The Chamber of Commerce launched a PR campaign against frivolous lawsuits in December 2009.  They have spent millions fighting to protect  tobacco companies, asbestos companies and other chemical companies.  They have a multi-million dollar affiliate, the Institute for Legal Reform that is dedicated to restricting the ability of injured persons to file suit, particularly against corporations. 

Yet, despite all the millions spent to deny American citizens access to the court system, the Chamber has itself filed suit or entered into lawsuits at the astounding rate of more than 2 per week (in 2009, for example, they filed or entered into 131 cases).  The overwhelming majority of lawsuits it files or enters is not on behalf of small business owners, but instead for large corporations ranging from Enron, AIG and other insurance companies, and drug companies.

The Chamber has its own litigation arm, The National Chamber Litigation Center and among the legal positions it has taken are these:

• sought to shield pharmaceutical executives who skirted safety procedures and ultimately killed 11 children
• fought for lead paint manufactures found to have poisoned thousands of children
• tried to force workers, instead of employers, to pay for their own safety equipment
• opposed measures allowing workers to receive a rest period during a full work day

• justified the actions of Wall Street banks that drove the country's economy into turmoil

I personally will defend right of The U.S Chamber of Commerce to file lawsuits on behalf of large corporate interests.  But the Chamber should represent the rights of all citizens and all businesses, large or small.

A report, titled “The Chamber Litigation Machine: How the Chamber Uses Lawsuits to Keep Americans out of Court,” can be found at www.justice.org/USChamber.