Small Bus, Van Transportation Safety Tips for Non-Profits, Daycares, Mental Health Providers and Other Small Businesses

by M. Jansen Voss, Partner

I have defended many businesses and non-profits in commercial automobile accidents over the years. Driver safety programs, and policies and procedures minimizing the risk of accidents are common among commercial trucking companies and large companies with their own transportation fleet (e.g., Wal-Mart, Target and the like). However, non-profits, mental health providers, and daycares often overlook transportation safety issues.

M. Jansen Voss

Exercising practical safety precautions when operating vans and small buses is just as important as practicing transportation safety for large buses and tractor trailers. The National Highway Traffic Safety Administration (NHTSA) offers the following safety tips:

  • Do not overload the van. Heavily loaded passenger vans are at risk of rollover. Speed, improperly inflated tires, road curvature, and weather are additional factors increasing the likelihood of rollover. Lack of restraints contribute to the extent of injuries in van rollovers.
  • Regular maintenance is important. Inspect the van on a regular basis and in accordance with manufacturer recommendations. Keep a log of maintenance activities on the van to ensure maintenance is performed timely and appropriately.
  • Use experienced and trained drivers. Many non-profits mistakenly believe that driving a van or small bus is just like driving a car or minivan giving the non-profit a false sense of security in allowing untrained volunteers or staff to drive vans.
  • Develop and implement a driver training program and written safety policies for van and bus use.
  • Driving tips include:
    • Drive in the right lane when possible,
    • Maintain at least four seconds distance behind other traffic when weather and road conditions are good and at least six seconds distance when conditions are bad.
    • Avoid being in another vehicle’s blind spot.
    • Avoid backing up.
    • Slow down and drive carefully on curing roads or in rural areas.
    • Posted speed limits may be safe for smaller cars, but not vans. So adjust your speed to the conditions (and that may mean a speed below the posted speed).
    • Avoid drastic steering and hard breaking. Slow down and steer in a controlled manner.
    • Distribute weight evenly inside the van.

If a van owned by a non-profit, mental health provider, or daycare is involved in an automobile accident, the first few things the plaintiff’s lawyer requests (after filing suit of course) are:

  1. The driver’s employee file
  2. Driver training materials
  3. Proof the driver attended training
  4. Evidence of routine background checks and driving record checks
  5. Maintenance records for the bus/van

If a wheelchair-bound person was injured in the van, the plaintiff’s lawyer will also ask for 1) training records specific to securing wheelchair bound persons in the van, and 2) information concerning the type of equipment used and maintenance of said equipment. Proactive attention to training, safe driving and vehicle maintenance can help lower the risk of an accident and can help lower punitive damages in the event a lawsuit is filed after an accident.

This post is not a comprehensive safety checklist, and cannot completely address your unique needs. However, I hope it can be a catalyst to starting a conversation at your non-profit, mental health facility, health care facility or daycare concerning transportation safety.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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