Williams: Did broken law lead to fatal GRTC accident?

Even if everyone had done the right thing, Loucendia Reed Lambert still might have been hit and killed by a GRTC bus.

But people failed to act properly in several instances, which makes Lambert's death all the more painful.

Bus driver Teresa L. Jones did not follow GRTC policy by reporting to her employer that she had been charged with reckless driving and a seat-belt violation while driving in a private car in May.

Jones had the charge dismissed after she attended an eight-hour, court-referred driving school. GRTC may have never learned about the charges against her if not for the 14th Street accident last week that took the life of Lambert, 55, a Virginia Department of Health employee from Prince George County.

As it turns out, Jones should not have been permitted to take the course.

In July 2008, a law went into effect prohibiting courts from dismissing a charge against a commercial driver operating a private car as a result of that person's attendance at a driver-improvement clinic.

The new law brought Virginia into compliance with federal safety regulations for buses and trucks, said Melanie Stokes, spokeswoman for the Virginia Department of Motor Vehicles.

"How this occurred, DMV unfortunately can't answer that question, since it was a matter for the courts," Stokes said. "I don't know what happened, to be honest with you."

The police summonses for Jones' violations identify her as a commercial driver's license holder.

Since the accident, Jones has been removed from service and is on paid leave. If Jones had disclosed the earlier charges against her, she would have remained on duty, said John M. Lewis Jr., GRTC's chief executive officer. "We have to let the judicial system take its course."

Such due process is a common requirement in union contracts, he said. "And, quite honestly, I think it's fair. Due process is an important part of what we are. In our case, it also makes sense from a financial standpoint. If I were to act immediately, I'd lose an employee. I'd likely have to pay overtime to handle that employee's duties." And if the charged employee were found not guilty, GRTC would owe him or her back pay, he said.

I'm a big fan of due process. But what if evidence suggests before adjudication that a bus operator's behavior makes him or her a risk to passengers or the public? Our region is already loath to embrace mass transit. It can ill afford an accident that erodes confidence in the system or its drivers.

And what if other drivers are following Jones' lead in making a traffic charge a matter of "don't ask, don't tell"?

Self-reporting is an admirable concept held together only by the threads of employee integrity. Jones took a detour around disclosure. The law that should have served as a barricade against such a maneuver wasn't followed.

Thanks to a breakdown in the adjudication process, Jones managed to keep her charges secret until tragedy struck.

GRTC, the Richmond Police Department and Richmond General District Court traffic judges need to meet as soon as possible to figure out what went wrong in Jones' case. It can be a matter of life or death.

Contact Michael Paul Williams at (804) 649-6815 or .