Negligent Hiring & Houston Metro Liability in the Dump Truck Derailment

 
Yesterday's morning commute saw our Houston light rail shut down through the lunch hour. The shut down resulted from a derailment wreck caused by a reckless and negligent dump truck driver hauling sand for the East End light rail construction project. This driver, Paniagua Priscilano Espino, ran a red light and got hit by an oncoming Metro train. Espino said to police that he ran the light because he couldn't tell what color it was due to the sun's reflection 

Now, when you're about to cross some frequently-used train tracks, and you can't see the color of the light because the sun is in your eyes, do you:

A. Assume the light is whatever color you want it to be, and continue on full speed through the light, hoping for the best? OR
B. Stop, shield your eyes until you can determine the color of the light, then go on if it's green, or stop if it's red?

Espino stated to police that he didn't see the light was red due to the sun's reflection on it. Even if you can't see that the light is red, does the sun's reflection make that light look green? I think not.

I live in Texas too, and my morning and evening commutes often take me into the sun's path. And I'm not willing to risk my life and health on the chance that a train won't be coming as I cross the tracks possibly against a light whose color I can't see.

Espino probably knew better than most of us the probability that a train would pass over those tracks as he ran the light. He was actually working on a project related to the nearby light rail station. There's really no excuse for the reckless chance he took that ended up injuring so many people. Thank goodness no one was killed by his stupid decision to run the light and take his chances. It's one thing to take chances with your own life. But taking chances with others' lives shows a reckless disregard for safety that can't be condoned.

Metro spokesman Jerome Gray took pains in news statements to distance Houston Rapid Transit from the dump truck collision. He stated that a firm working for a subcontractor had hired Espino. But that may not be enough to save Houston Rapid Transit from liability in this wreck.

Courts have held that employers retain responsibility when they know that their activities could result in danger to others. That danger might result through direct employees or through subcontractors or those hired by them. The ultimate employer can be held liable for negligent hiring practices where it engages the services of contractors or subcontractors that don't sufficiently screen or train their employees. The ultimate employer has a duty to ensure the safety of others who might be affected by their activities.

Injured victims of accidents caused because of the employer's activities can use the FMCSA website to look up records of a truck driver's safety violations, or any violations related to the subcontractor, contractor or ultimate employer.