Ralph Terry Dowdle had a history of minor traffic accidents in his bus prior to the serious crash he caused on Saturday, April 17, 2010 in downtown Asheville. The attached video shows the bus driver slumping over to his right just a few moments before the bus veers left and crashes into a parked car and the fronts of several buildings along College Street.
The accident seriously injured 55-year-old Susan Jane Zakanycz. Her leg was almost severed in the wreck. Unfortunately, the doctors at Memorial Mission could not save her leg, and she had to undergo an amputation.
The Buncombe County District Attorney's Office decided not the charge the bus driver criminally after it was discovered that he was suffering from an undiagnosed medical condition. Officials have said that the condition is what caused him to crash the bus. Strangely, no one has indicated what this undiagnosed medical condition is or how long he has had it. One condition that could cause similar symptoms is narcolepsy. This is the condition that causes one to suddenly fall asleep. We have encountered this condition in some of the tractor-trailer accident cases we have litigated. In the cases that we've handled involving narcolepsy, the at-fault driver was aware of the condition prior to the crash and had not sought medical treatment for fear of losing their job.
The bus driver in the downtown Asheville crash had been involved in at least four (4) accidents since 2007. Even though none of these prior wrecks appear to be the result of some sleep producing illness, these prior accidents would seem to raise some red flags. As a result, his employer should have questioned if something more was going on with him. Employers who transport the public have a higher duty to make sure that their drivers are safe and in good physical shape.
In this author's opinion, if the bus driver in this case, or his employer, knew that he had a problem and failed to take steps to remove him from the road, then his conduct would rise to a criminal level. Many questions are yet unanswered in this tragic case. The authorities should have all of the answers by now. One can only wonder why more details have not been disclosed. Our hope is for Ms. Zakanycz to have a speedy and full recovery.
