Davis Law Group, P.S.

Bellevue High School Football Team in Bus Roll Over Accident l Seattle Accident Attorney

Friday, November 28, 2008

A bus carrying the Bellevue High School Football team was involved in a serious accident while traveling on Interstate 5 near Des Moines.  The bus had swerved to avoid a ladder that had fallen off another vehicle.  The bus lost control and rolled onto its side.  Several of the occupants, players and coaches, were reported to have suffered minor injuries.  Fortunately no significant or life-threatening injuries were reported.  But of course, it is still early and I see what at first blush appears to be a minor injury grow into something more serious (a herniated disc injury is one example).  You can read more about what happened here.

The Washington legislature recently passed RCW 46.61.655 which requires all drivers to securely fasten their loads.  The driver who lost the ladder appears to have violated this statute, making him or her negligent for causing the accident.  If the bus driver was negligent (and I've not read any facts to say that he was), his conduct is likely protected under Washington's Emergency Doctrine.   The sudden emergency doctrine concerns a situation where a 'person is placed in a position of peril and must choose between courses of action to avoid the peril.'  Haynes v. Moore, 14 Wn.App. 668, 669, 545 P.2d 28 (1975).

The bus driver was likely placed in a position of peril, requiring him to act instinctively to avoid the ladder.  Even if the driver was going too fast, or he over-corrected, his actions are likely protected under the Emergency Doctrine.  The most important question is: Who dropped that ladder?  Hopefully there is some information or witnesses that can connect that ladder to the driver who failed to secure it to his vehicle.  On similar types of cases that I've handled (I've handled cases involving a dropped car jack, ladder, chair, dresser, and a 5-gallon paint drum), there is usually some identifying information on the object that has been dropped.  Other times I've had to rely on witnesses who can describe the vehicle or license plate number.

My sympathies and best wishes for the team players, coaches and others on board that bus.  I hope everyone makes a speedy recovery.  And also good luck in their play-off game!