Tour buses need seat belt, laminated glass Texas jury says.

A Texas jury has held a bus manufacturer liable for failing to install seat belts and laminated glass in a charter bus, even though the federal government does not require these safety features. (Hinton v. Motor Coach Indus., No. 2003-2308-4 (Tex., McLennan County Dist. Ct. Nov. 3, 2005).)

"This case brings to light an issue of national transportation safety that is long overdue for consideration," said Thomas Brown of Houston, co-counsel for the plaintiffs. "It places the bus industry in a position where it must seriously consider putting belts in vehicles."

On February 14, 2003, a church group from Temple, Texas, was on its way to Dallas in a chartered bus. Heavy rain was falling, and highway traffic ahead was stopped. When the driver tried to stop, the bus went off the road, crossed the median, hit another vehicle, and tipped onto its side. Windows on the right side shattered, and many passengers were ejected. Six people were killed and many others were injured in the accident.

The plaintiffs sued the manufacturer, Motor Coach Industries, claiming that the bus was unreasonably dangerous because it did not have seat belts or laminated glass, which resists shattering in a crash and protects passengers against ejection. The jury found in favor of the plaintiffs on both claims.

Federal regulations allow buses to have either laminated or tempered glass, and they are silent on the issue of seat belts. At trial, Brown and his co-counsel argued that the federal government has not paid significant attention to bus safety, and so the lack of these requirements does not mean the safety features are not needed.

Brown said he and his colleagues explained to the jury that two federal agencies are involved in issues of bus safety. The National Transportation Safety Board (NTSB) has recommended since the mid-1960s that buses have both seat belts and laminated glass, but the board has no regulatory power. The National Highway Traffic Safety Administration (NHTSA) has not issued any regulations based on the NTSB's recommendations.

Plaintiff counsel highlighted this agency split, noting that NHTSA has devoted most of its limited resources to safety issues concerning passenger vehicles and light trucks. The agency has not done primary research on how seat belts and laminated glass could increase bus passenger safety. However, Brown said, several other countries have conducted studies, and seat belts are now required in Australia, the European Union, and elsewhere.

Brown said he hopes the Texas verdict will prompt bus manufacturers to begin installing seat belts and laminated glass. He said the case was the first of its kind nationally, and he expects the defendant to appeal.