“Contributing to the severity of the crash was the motorcoach’s lack of an adequate occupant protection system.”
The insurer for the bus company tendered policy limits ($5 million) toward the settlement. The state tendered its tort liability limit ($3 million). Insurers for the University kicked in $17 million, policy limits on two policies, and $3 million less than policy limits on a third. (The university was deemed liable because the coach was found to have retained control over the driver, and thus was responsible for his actions).
So, while the poor design and signage was a causative factor, the company and its driver were also determined to have been at fault. And better regulation of charter bus safety would have mitigated the harm.
If delta-v is 60 mph+, survival is merely a fluke.
There was no determination of fault. That's not how tendering the policy limits works. The insurance companies made a financial decision that litigation would cost more than the policy limits, with multiple deaths and serious injuries to almost all the survivors. The policy limits are per incident, not per person.
The settlement agreements included a declaration of no liability - they always do. That's what "settlement" means.
MVA litigation was my job for 10 years. I am very familiar with all the players in this case, the plaintiffs' and the defendants' law firms, and the excess/surplus lines carriers as well.
DOT got tagged, but they are protected by the Georgia Tort Claims Act, and so the plaintiffs went for the deep pockets (who can blame them?)