Game Plan For College and University Safety on the Road

Transporting student athletes to sporting events can pose great liability risk for schools

When the NCAA Men’s Final Four made their way to San Antonio at the beginning of April, no doubt the players and coaches were thinking through last-minute strategies, fans were busy hotly debating anticipated outcomes and the colleges or universities participating were basking in the positive attention that successful athletic programs bring to their campuses.

Probably very few were focused on the potential for a catastrophic crash that could destroy a team, derail one of basketball’s premier events and open a university to disastrous liability. Yet every time a team travels, that potential exists.

While there are no slam dunks that will make going on the road perfectly safe, it isn’t difficult to come up with a winning game plan for getting teams where they need to be without mishaps. Agents who provide strategic advice on helping reduce transportation liability exposures can coach educational institutions on the best way to deliver championships with far less risk.

The Risks Campuses Face

Ohio’s Bluffton University knows all too well what can occur when a team travels. In March 2007, the university’s baseball team was on its way to a series of games in Florida when the driver missed a stop at the top of an off ramp in Georgia, turned too fast onto the connected overpass and flipped the chartered bus onto the freeway below. In addition to the deaths of the driver and his wife, five players died and 28 of their teammates were injured.

It’s the kind of disaster that gives nightmares to university risk managers. Whether a university is moving a sports team to distant tournaments, shuttling students around campus and to nearby towns or facilitating other types of student outings, transportation opens the door to risk and liability.

The liability can come from several directions. If the university owns the vehicle, then no matter who is at the wheel, there is shared responsibility. Similarly, no matter who owns the vehicle, if a student or university employee — perhaps a coach, faculty member or administrator — is the driver, there is potential liability for the school.

Even in the case of a non-university-owned vehicle and a non-university-affiliated driver, such as parents using their private vehicles, a case can be made for liability if students are being taken to a school-sanctioned event.

The Game Plan

Schools can take a number of steps to limit their liability. Agents can offer colleges and universities a proactive game plan to protect students that includes the following:

• Limit or eliminate the use of 15-passenger vans. Some of these vehicles have shown a higher propensity to roll over and are widely recognized as unforgiving of driver error. In fact, the National Highway Traffic Safety Administration has reported that between 1990 and 2002, this type of van was involved in 1,576 crashes that resulted in 1,111 deaths. Experts say that if a 15-passenger van must be used, capacity should be limited to no more than 10 riders, the rear seats should be removed and the area should be kept clear and weight-free to reduce the tendency to roll.
• Avoid student drivers. Colleges or universities should opt for drivers who have enough experience to react appropriately to a variety of driving conditions. In one recent case, the inexperience of a 17-year-old student who was driving other students in a school-owned van was blamed for a crash that resulted in deaths and injuries. The demographic group for most college students — under 25 — statistically has a high rate of driving accidents, regardless of the type of vehicle in use.
• Use qualified drivers. Whether the driver is a college or university employee or a person hired by the school to drive for a specific event, the college or university should be sure the driver is appropriately licensed, has a good record that is free of accidents and tickets and has completed safety training.
• Transfer risk by contracting out. By leasing a bus or contracting with an outside driver, the college or university can transfer all or some of the liability. The school should make proof of insurance and adequate liability limits a condition of all transportation contracts.
• Carry appropriate liability coverage. The damages paid for vehicle crashes are growing rapidly. Marsh’s Limits of Liability report found that 13 out of the top 100 lawsuit awards across the country in 2006 involved automobiles. In addition to normal business automobile insurance, which typically may carry a million-dollar limit, colleges or universities should make sure they have sufficient excess casualty coverage.

No college or university wants to hear the news that its students have been killed or injured on the way to an event that should be cause for competitive fun, not painful loss. One year after their devastating crash, the Bluffton University baseball team made it to the Florida tournament — but arrived by plane instead of bus. The school’s cautious approach can serve as a reminder to other colleges or universities and their insurance agents that transportation liability is a serious issue that is best addressed ahead of time with a strong game plan for protecting students.

Topics Auto Education Universities