New York Bus Crash Shows Evidence of Negligent Hiring

As news unfolds about bus driver Ophadell Williams' criminal record, the New York bus crash which claimed 15 lives, could present a case for negligent hiring by the bus company. The New York bus crash is evidence that negligent hiring won't just cost companies money for lost productivity, lost revenues or lost clients. This New York bus crash illustrates how negligent hiring can cost lives.

New York Governor, Andrew Cuomo, has ordered further investigation into the New York bus crash. "Given Ophadell Williams' criminal record and driving history, I have directed the New York state inspector general to commence an immediate investigation into the circumstances surrounding how Mr. Williams was able to obtain and retain a commercial driver's license," stated Cuomo.

A CNN report on the New York bus crash, revealed that bus driver Ophadell Williams' criminal past included 3-year sentence for manslaughter, 4-year sentence for grand larceny and driving with a suspended driver's license charges..

The New York Daily News report on the New York bus crash reported that Williams may have used alias names before. How liable is the New York bus company for negligent hiring if the applicant misrepresented his identity with an alias? If however, the company either did not complete a background check, knowing the driving responsibility inherent as a bus driver, or completed the background check and disregarded the results, the case for negligent hiring could be strong.

What if the New York bus company completed the background check, saw a questionable past and made the conscious decision to give this ex-offender a job opportunity? Companies assess the risk of hiring someone with known criminal past frequently. If a company chooses to assume risk of hiring someone whose background check reveals criminal activity, the company should at least minimize the risk by assigning work in areas unrelated to what the background check revealed.

If Ophadell Williams' background check revealed a charge for driving with a suspended driver's license placing him behind the wheel of the bus involved in the New York bus crash shows negligent hiring.

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