Alabama High Court Reinstates Suit Over Deadly Bus Crash

Victims of a 2006 school bus crash that killed four high school students and injured two dozen others in Huntsville four years ago can move forward with their lawsuits against a bus company, the Alabama Supreme Court ruled last Friday.

A Madison County judge earlier threw out claims filed by 15 students or parents against Navistar Inc. over the deadly wreck. But the high court, in a unanimous decision written by Justice Lyn Stuart, said that ruling was mistaken and sent the case back to the court in Huntsville.

Among the legal issues in the case was whether a 2-year statute of limitations had expired. The justices said all the complaints were amended with a 2-year period after the students turned 19, as required under the law, and the claims were not barred by the time deadline.

A bus carrying 40 Lee High School students was struck by another vehicle on an elevated section of Interstate 565 and plunged over a concrete railing, falling 30 feet to the ground on Nov. 20, 2006. Dozens of lawsuits were filed against bus companies and the two drivers who were involved in the crash.

Some of the claims were settled, and the lower court dismissed suits against Navistar. But the high court disagreed and said the victims could continue with their claims against the company and a subsidiary, IC Bus LLC.

The crash led to a three-year study of school bus safety in Alabama. A report in October concluded that a pilot project showed buses are safe enough without seat belts, and that students often ignored requirements to wear the restraints.

The school bus driver, who wasn’t wearing a seat belt, was thrown out of the bus after the initial accident with a car. The bus then jumped a guard wall and fell off the elevated highway. Among other things, the lawsuit against Navistar said the bus should have had a sign requiring the driver to wear a seat belt.