Authored by: Josh Davis
From an operations position, safety is always at the forefront of every transportation company’s concerns. Recently the federal agency charged with ensuring safety on the nation’s roadways, the Federal Motor Carrier Safety Administration (FMCSA), conducted an audit of commercial bus carriers in thirteen states and the District of Columbia (http://www.fmcsa.dot.gov/about/news/news-releases/2012/Bus-Safety-Inspection-in-13-States-and-DC.aspx). These audits are conducted in an effort to identify and correct unsafe conditions currently occurring in the commercial bussing industry.
In addition to the audits, the FMCSA recently developed SaferBus (http://www.fmcsa.dot.gov/safety-security/saferbus/saferbus.aspx), the first of its kind, multi-lingual app that allows commercial bus passengers an unprecedented ability to access the FMCSA’s information on their bus company’s safety history, file complaints with the FMCSA, and more. All of this information is now readily available from a user’s mobile phone.
This app is the first of many technological advances recently presented and, as such, will likely present some unique results that could potentially affect commercial carriers. First and foremost, this app will make the carrier’s safety information easily available to the general public. Second, and most importantly, the app will allow users to file safety complaints with the push of a button (literally). From a safety and liability standpoint, commercial bus companies now need to be aware of the potential for a multitude of easily submitted and subsequently, easily obtained complaints regarding safety. Often in litigation, carriers are faced with a request for information concerning prior accidents and/or complaints. Counsel and their clients should be mindful of this new product and the information it is admittedly recording.
While it is currently unclear how these potential complaints will be stored and/or processed from the app, the overall potential for additional avenues of discovery is readily apparent. Commercial carriers should work with counsel to determine the best strategies to manage this information and be prepared in anticipation of safety issues or any litigation.
If you are a commercial carrier and would like additional information concerning this app, its function, our litigation strategies related to electronically stored information, or information gathered by third parties in anticipation of upcoming litigation, please do not hesitate to contact the Sandberg Phoenix & von Gontard P.C. Transportation Law Group.
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