School Bus Driver Cited in Train Track Incident

Lafayette school bus driver cited in train tracks incident

A Lafayette Parish Schools bus driver is on administrative leave after receiving a citation Monday for driving around lowered railroad crossing guards to cross the tracks in front of an oncoming train with children on board, school and law enforcement officials said Wednesday.

Daniel Gary was cited for disregard of railroad crossing lights, according to a copy of the citation.

A Lafayette Parish Sheriff’s deputy witnessed Gary drive through the lowered railroad crossing arms at 3:15 p.m. Monday in the 700 block of Verot School Road, the citation states.

At least 30 elementary school-aged children were on board at the time, Lafayette Parish Sheriff Sgt. Clay Carter wrote in the citation. He added that the train was traveling at 35 mph and was about 200 feet from the intersection when Gary crossed the tracks.

Carter was on the opposite side of the tracks and "he could see clearly that the bus driver went around several cars that had already stopped and were waiting for the train to pass,” said Lafayette Parish Sheriff Capt. Kip Judice, a Sheriff’s Office spokesman.

A driver with the district since 2004, Gary was placed on administrative leave while the incident is investigated by district staff.  In such circumstance, both the driver and the driver's employer could be held liable if any person were injured as a result of his grossly negligent conduct.  The employer's "vicarious liability" for the negligent conduct of its employee arises from the employer/employee relationship.  This means that the injured party is not required to prove that the employer was negligent in order to recover money damages from the employer.  Rather, it is enough to show that the employee was negligent and working at the time of the accident.
 

The attorneys at Fisher Injury Lawyers are experienced in accidents involving employee negligence and have a detailed understanding of how to hold an employer responsible for the neglect of its employee.  Our attorneys and staff will immediately go to work on your behalf to investigate the accident and all parties involved in causing your injury.  We will promptly secure all key evidence in order to maximize your recovery.  It is our job and responsibility to get you every penny that you are entitled to recover and we will not rest until we do so.  Contact us today.  Your initial consultation is free and you will never pay a fee unless we recover money for you.

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Source: The Advocate