Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

A reader sent us a link to the photograph below which, if you have been following our blog for the past month, you should recognize is the site of the tragic cruise excursion bus accident in Tortola in February.  One young man died and several other passengers from a Princess Cruises cruise ship were injured as the bus sped down "Windy Hill" road and crashed into the side of the hill before flipping over in the road.

Although the accident occurred almost one month ago, rocks and debris remain on the road.  In a post entitled "Not My Job Mon," several readers of Travel Talk Online have commented on the embarrassment of the government of Tortola being unable to clean up the accident site over the past many weeks. 

One reader commented: "Maybe the "Crash Dummy" could clean it up in his orange jump suit!! That is crazy!!"

You will recall that "Crash Dummy" is the cruise excursion bus driver, Roland Allen, who is in jail awaiting trial for dangerous driving.  We have covered Mr. Allen's driving record and criminal record in previous blogs.  

It is unacceptable that a cruise line like Princess Cruises would use an old bus driven by a known reckless driver with a criminal record. 

Tortola's tourist board convened press conferences following the deadly bus crash and promised to look into this accident.  They vowed to improve the safety of the taxis and buses carrying cruise passengers and other tourists. 

Is this just happy talk to appease the cruise lines? 

Why hasn't the tourist board erected a memorial on the side of the road to remember the young man who died?   Why hasn't Tortola installed "caution" or "slow down" signs on the hill to remind other drivers to be careful?

Or at least pushed the rocks off the road to avoid other accidents?     

Credits:

Photograph     Travel Talk Online 

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A story in the BVI Platinum's newspaper indicates that the cruise excursion bus driver Roland Allen, nick-named "Crash Dummy," had been convicted of driving offenses - including reckless driving - before the ill-fated Princess Cruises excursion bus crash. 

We suspected this, as we raised this issue in a prior article "How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record?"

Compelling Record of Bad Driving?

In an article " Allen's License Suspended, Independent Mechanic to Examine Bus," the newspaper reveals an exchange between the bus driver's lawyer and the criminal Magistrate presiding over the matter. The lawyer for Mr. Allen pleaded the Magistrate not to suspend Mr. Allen's license.  In response, the Magistrate:

 ". . . lamented that the court was given a conviction sheet of Allen and most of the offences are road traffic offences with one being reckless driving. 'The allegations are compelling' she stated."

The newspaper also reports on a curious plea by Mr. Allen's lawyer who "told the court that tour operator is his only means of income and suspending it will deprive Allen of his livelihood."  This argument ignored the fact that the cruise line had already suspended the tour in question, the "Tropical Forest Hike and Beach" excursion, as previously reported in USA Today.  The Princess Cruises' website states: Tropical Forest Hike & Beach***Cancelled***

The Magistrate ruled that given Mr. Allen's previous convictions, "it is not wise to allow him to return behind the wheels." 

Was It Wise to Permit "Crash Dummy" Behind the Wheel In The First Place?

Cruise lines have certain legal duties to their passengers.  The cruise line must conduct an investigation into the safety procedures of the tour company and audit the tour's safety record.  This includes not only inspecting the excursion company's buses but inspecting the driving records of the tour company's drivers.  Cruise lines also have a duty to warn passengers of dangers which are known, or should be known, to the cruise line.

Princess Cruises advertises the excursion bus going to the "highest peak in the Virgin Islands."

Why did the cruise line permit a driver - known in the community of Tortola as "Crash Dummy" and reportedly convicted of reckless driving - take cruise passengers through this steep mountainous terrain?  Why didn't the cruise line warn its passengers of these dangers before charging them $59 a piece for the excursion?

Credits:

Tropical Forest Hike and Beach         Princess Cruises

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In an article entitled "Taxi Driver Granted $60,000 Bail - License Suspended," BVI News in Tortola, British Virgin Islands (BVI) reports that the driver of the Princess Cruises excursion bus arrested for reckless driving and causing death by reckless driving has been offered bail in the amount $60,000.  The Magistrate set bail of $25,000 cash and a $35,000 surety.

BVI citizen Roland Allen was arrested following the crash of a bus carrying cruise passengers from a Princess Cruise ship on an excursion into Tortola. The accident occurred as the cruise excursion bus was descending a very steep road called "Windy Hill Road." 

The Magistrate suspended Mr. Allen's license, pending the outcome of his trial regarding the death of cruise passenger Aaron Rumphrey who died in the crash.  

The BVI News reports that Mr. Allen's next court appearance is March 25, 2010.

"Crash Dummy" Arrested For Theft?

BVI News previously reported that the excursion bus driver is known as "Crash Dummy," a nick-name Mr. Allen apparently obtained before the fatal cruise excursion bus accident.

An online "Police Blotter" indicates that "Roland Allen of Baughers Bay" was arrested for theft in July of last year.  There are no details online available to explain the nature of the alleged theft, or how the charges were resolved. 

The comments to the online reports refer to Mr. Allen as "Crash Dummy," suggesting that Mr. Allen's reputation as a "crash dummy" existed before the terrible cruise line excursion accident. 

How Did "Crash Dummy" Earn His Nick Name?

The question remains how and when Mr. Roland earned the unenviable label of being a "crash  dummy?"  Has the cruise excursion driver been involved in other accidents?

A clue may be found in the comments of a reader of the BVI News:

"When you hire a driver that you know (or should know) is a reckless driver, he has been involved with the law several times because of his driving habits and you know that around town his name is "Crash Dummy", and you have not informed unsuspecting customers by placing a sign on the bus "Ride at your own Risk, Dangerous Driver" then you are as guilty and responsible for the outcome and should be in Balsum and your company shut down immediately. You, the driver and the BVI Government share the responsibility for this travesty and the lawsuits will be piling up, no doubt."

Why Did Princess Cruises Permit Cruise Passengers To Be Driven By "Crash Dummy?"

It is an understatement to say that it is reckless for the cruise line to herd unsuspecting cruise tourists into a bus without seat belts to be driven over a steep hill by a driver called "Crash Dummy" with a police record and apparently a history of driving violations.

Mr. Allen's driving record and police history will become a focus of investigators.  We will be discussing this outrageous situation created by Princess Cruises in our next blogs.

A Hero or Villian? 

Another newspaper in BVI, the BVI Beacan, reports that the prosecutors in Tortola intend to prove that Mr. Roland was driving recklessly.  The newspaper quotes the prosecutor saying: 

“The vehicle started to accelerate and despite efforts, the driver was unable to bring the vehicle to a stop . . .  We are claiming that his driving was reckless because he was going at a speed at which he was unable to control the vehicle . . . a loud screeching was heard from the brakes . . .  [Mr. Allen] ought to have known” about any problems with the excursion bus.

However, Mr. Allen's defense lawyer argued to the Court that when his client "started down the hill, he put the bus into second gear but realised there were no brakes. He tried pumping the brakes but the vehicle sped down the hill, not because of Mr. Allen’s actions, but because it was heavy with the tourists’ weight."

“He had no alternative but to put the bus in those ruins. If he’d done anything else he would have gone off the hill. He should be commended.”

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