The Eighth District Court of Appeals in Ohio recently upheld a 2016 judgment in which Greyhound Bus Lines was held liable for catastrophic injuries of one of several riders.

According to Law360, the accident in which the rider in question was hurt occurred in October 2013 during an overnight bus trip from New York City to Cleveland, Ohio. Plaintiff Mark S. accused the driver of falling asleep while driving the passenger bus which collided with a sizable tractor trailer as a consequence.

The plaintiff had catastrophic injuries from the accident which included a severed urethra and a severely damaged right leg which had to be amputated. All told the rider was forced to undergo some 30 separate surgeries in the aftermath of the accident.

In the original jury trial, the verdict concerning the accident awarded Mark $28 million which broke down into a $23 million compensatory award, $4 million punitive damages award, $1.3 million in prejudgment interest, and $300,000 in attorney’s fees.

The Case Presented on Appeal

In the unfortunate accident, the Greyhound driver collided into the back end of a large tractor trailer. According to a 2016 CNN report, passengers aboard the bus claim that the vehicle had been ‘fishtailing’ for several miles prior to the incident.

One passenger noted that the driver, Sabrina A., seemed to have red fatigued-looking eyes when she took his ticket at the start of the trip. The event cost one woman her life, threw one man from the bus, and contributed to the catastrophic injuries of several other riders, including the plaintiff. A personal injury lawyer could help victims of accidents like these determine their eligibility for compensation.

On appeal, the Greyhound Co. argued that the original presiding judge over the original trial in Cuyahoga County was remiss in advising the jury concerning the emergency exception to Pennsylvania’s clear distance rule.

The accident occurred on I-80 in Pennsylvania and the parties to this conflict agreed that Pennsylvania law would apply over most aspects of the case, as indicated by Law360.

What is Pennsylvania’s Clear Distance Rule?

According to the FindLaw website, Pennsylvania has specific rules of the road. Pennsylvania’s clear distance traffic rule stipulates that a driver must be able to control their vehicle and bring it to a stop within the distance that he or she can clearly see or anticipate.

The law speaks to special driver consideration of situations in which they are relatively ‘blind’ such as curvy, winding roads, crests of hills, and unstable weather conditions. The law also speaks to emergency exceptions.

The emergency exception to the clear distance rule provides a defense to drivers who are quickly confronted with an unanticipated and dangerous driving challenge where reaction time is extremely limited. Failing to follow the clear distance rule can lead to an accident that exposes the negligent driver to liability for personal injury.

In this situation, the evidence revealed that the tractor trailer was visible from 1,000 feet away, although traveling at a slow speed. This visibility distance, according to the Appeals panel of three judges, should have given ample time for the Greyhound driver to react and bring the bus to a full and complete stop.