8/6/2013· Transportation
Common Carriers and Common Passengers
By: Ned Einstein
One of the most fundamental concepts of liability is that the defendant "takes the victim as he finds him." Apart from hospitals and nursing homes, few areas of modern life confront, litigate and test this principle as often as public transportation.
7/18/2013· Transportation
By: Ned Einstein
As we all know, public transportation is a fiercely competitive business, even in operating environments which are subsidized. But the failure to make tiny investments in safety can be costly in the courtroom.
2/26/2013· Transportation
Buses and Motorcoaches: Alcohol and Public Policy
By: Ned Einstein
Alcohol and bus ridership present a curious enigma. As a matter of public policy, we allow intoxication. As a matter of free market dynamics, we encourage it. And rightfully so, we want to protect those intoxicated from hurting themselves and others.
12/20/2012· Transportation
Transportation Accidents: Operators, Lawyers, and Underwriters
By: Ned Einstein
This title makes me think immediately of funerals. This is not what this installment is about, although problems in the office and on the road often translate into funerals for operating companies, not just their accident victims.
10/24/2012· Transportation
Buses and Motorcoaches: Competitive Contracting, Exploitation and Impunity
By: Ned Einstein
As most motorcoach community members know, contracting plays a major role in much of our operations - including the 30% of motorcoach service provided to schoolchildren on field trips, as well as the commuter-express service provided under contract to transit agencies.
8/22/2012· Transportation
Negligent Retention and Driver Impunity
By: Ned Einstein
One would think in the Age of Irreversible and Growing Unemployment, employers could phase out their "dead wood" and find some personnel capable of performing their functions competently. Regrettably, bus agencies and companies are generally not among those which do.
6/20/2012· Automotive - Vehicular
Ten Most Stupid Things about Buses and Motorcoaches and their Operations
By: Ned Einstein
One of the unfortunate problems with non-news-oriented magazines is the juxtaposition of their readers' limited long-term memories coupled with the publishers' reluctance to repeat themes (much less whole articles) that are not linked to stories that reflect continuing news or problems.
10/19/2009· Automotive - Vehicular
The Transportation Training Conundrum
By: Ned Einstein
Recently, I conducted a workshop on safety and liability for transportation directors. I asked innocently, "What do you do after training?" Several attendees shouted out, "More training!"
9/23/2009· Automotive - Vehicular
By: Ned Einstein
Many of our fundamental and commonly-held beliefs are invalid because they were derived, often haphazardly, from a blur of intuition, superstition, history, tradition and circumstance rarely subjected to scientific scrutiny. Before the inventions of artificial light and mechanical clocks, being awake during daylight and asleep during darkness were survival necessities - lest one be devoured by predators or stumble into a pit.
9/22/2009· Automotive - Vehicular
By: Ned Einstein
In my review of more than 80 public transportation-related accidents and law suits, one almost universal theme has been the absence of any log review. This failure has generally combined with another common theme: A vehicle running behind schedule. The relationship between these two themes is easy to both understand and demonstrate - as is the acknowledgement that they constitute a genuine safety problem. But in a courtroom, the fact that system management failed to notice the vehicle running late - and worse, failed to even look for it - translates into a liability problem as well.
by Robert H. Schram, DPA
by Jay Jarvis
by Howard Cannon and Shirley Waters
