UPDATE: One third of inspected New York buses pulled from service
New York state officials decided to launch a string of bus safety inspections that began in late September as discussed in a prior post. The inspections came in response to the call for action after a fatal bus accident killed 15 people.
The fatal bus accident occurred in March of 2011 on Interstate 95 in the Bronx. The 30 passengers were nearing their final destination on their return from a Connecticut casino when they were awaken by a sharp twist of momentum and the frightening sound of twisting metal. The mass transit driver had lost control of the vehicle and struck a sign on the side of the highway. Continue reading
New York bus rear-ends semi, injures eight
When we step onto a mass transit vehicle we are placing a large amount of trust in the hands of the driver. We trust that they will keep us safe by obeying all traffic laws, staying awake behind the wheel, putting their cellphones down while driving and paying close attention to the surrounding traffic.
Passengers on a New York bus were jolted from their early morning lull when the bus they were riding in rear-ended a semi truck in front of them. The bus accidentoccurred on Tuesday morning, Oct. 18, 2011. Continue reading
National Transportation Safety Board pushes to protect bus passengers
Distracted driving has become a focus in the transportation safety world as the number of accidents caused by people texting while driving, checking their email or talking on a cellphone increases on a daily basis.
People who choose to use cellphones while driving are taking the risk that they will be involved in an accident, but commercial drivers who choose to text or talk while behind the wheel risk not only their life in a serious bus accident, but the lives of all of their passengers. Continue reading
U.S. responds to concerns raised after fatal New York City bus accident
Last week, we wrote about a fatal bus accident in New York City that took the lives of fifteen people. Although the cause of the crash has not been determined in a court of law, the bus driver was suspected of recklessly drinking during his hours off duty set aside for sleep. On the return trip, he allegedly became fatigued, swerving the bus into a support pole that ripped the bus apart.
The prior post reported the discussion that had erupted after the bus crash, calling into question the safety procedures and processes in place for mass transit. It appears as though traffic officials heard the debate and responded this week by conducting thousands of surprise bus inspections across the nation.
Federal, state and local police cooperated to conduct the unexpected inspections after Transportation Secretary Ray LaHood made it clear that U.S inspectors would use “every legal and enforcement tool available to shut down unsafe bus companies.”
The surprise inspections set to begin today, Friday, Sept. 23 were strategically planned to occur in connection with today’s bus safety summit held in Washington. Executives from bus corporations and transit regulators will meet to discuss ideas on how to reduce the number of annual bus crashes.
“This summit is about preventing needless tragedies and saving lives,” LaHood told reporters. “We’ve seen the horrific consequences when motor coach companies do not make safety a top priority.”
While it is admirable that the government is taking note of the number of serious bus accidents that cause devastation to families across the nation, accidents still occur. If you have been seriously injured at the hands of a negligent bus driver, experienced personal injury attorneys can discuss your case with you and help determine what compensation you may be entitled to.
Source: Bloomberg, “U.S. Starts Inspection Crackdown Before Bus-Safety Meeting,” Jeff Plungis, Sept. 23, 2011
New York fatal bus accident raises criticism over transit procedures
Early this spring, the driver of a New York discount tour bus made a decision that caused 15 families to lose a loved one. He chose to drive under what have been called reckless circumstances and caused a bus accident that took the lives of half of the passengers on board.
The fatal event occurred in March of 2011 on Interstate 95 in the Bronx when the driver was transporting 30 passengers from a casino in Connecticut back to New York City in the early morning hours. Passengers were jolted awake when the bus driver abruptly swerved, lost control of the vehicle and collided with the support pole of a highway sign.
In one of the most gruesome accidents of the year, the pole swept through the bus causing the immediate death of several passengers when they were decapitated and injuries which delayed the deaths of several others. Investigators suspected fatigue from drinking in his off hours as a possible cause of the crash.
After the investigation, the driver was charged in criminal court, but evidence that has come to light during the trial has safety advocates taking a second look at transit procedures. According to prosecutors, the driver had three driving suspensions and a criminal record including manslaughter and larceny, a history the State Department of Motor Vehicles failed to find.
Screening processes are vitally important for finding drivers who will safely carry New York’s thousands of transit passengers. When a driver’s negligence causes the wrongful death of a loved one, the family often suffers emotional trauma, financial problems with the loss of an income and many more serious damages.
Source: The New York Times, “Driver in Deadly Bus Crash Knew He Was Dangerously Tired, Prosecutor Says,” Colin Moynihan, Sept. 1, 2011
What to do if you are on the scene of a bus accident in New York
You are a passenger on an MTA/NYCTA bus. The bus gets into a mass transit accident. You are thrown onto the floor of the bus. Luckily you are not that badly injured, but your friend who was sitting in the seat next to you struck his head on the pole then fell to the floor. He is unconscious. He is injured. The bus driver puts the bus out of service, walks over to your friend on the floor then begins to dispatch for help.
You know your friend is hurt. You know he has rights. You know he needs help. What do you do? You know that the bus driver was at fault for the accident because you saw him go through a red light. Is there anything you can do to help?
What happens at the scene on the accident…
Within the next few minutes, a multitude of uniformed officials arrive at the scene and step onboard of the bus, including paramedics, EMS/FDNY, police officers, MTA/NYCTA supervisors, as well as other officials who appear to be investigating the accident. You see officials interviewing the passengers as they let the ones who are not hurt off of the bus. You see the police officers at the scene question the bus driver. You feel reassured. Everything appears to be under control. But is it? … The answer is not what you would expect.
Here’s how we can help…
At the law offices of Omrani & Taub, P.C., we have handled numerous claims against various bus companies, including the MTA, NYCTA, MABSTOA, Metropolitan Bus Company, Bee Line Bus, Liberty Lines Express, Greyhound, Peter Pan Bus, Trans Express Bus and many more. Our experience has revealed that in accidents involving city buses, the response teams dispatched to the scene are carefully assembled by the bus companies and consist of individuals particularly trained in the field of loss control. In other words, these officials are specifically trained to limit and control the amount of liability that the bus company might face from the accident; therefore, contrary to what you might expect, the responders are not interested in preserving or documenting evidence that would help establish the victims’ claims. Rather, the only evidence they look to preserve is evidence that would limit a victim’s ability to recover for the full extent of damages.
If you are ever at the scene of a bus accident take the time to do the following:
– Obtain the names and telephone numbers of as many of the passengers as you can
– Take video or photographs of everyone at the scene, including the bus driver, the passengers, members of the response team, etc.
– Take video or photographs of the bus and other vehicles involved in the accident showing the damage sustained by each vehicle together with relevant evidence such as skid marks, scattered debris.
– Offer this information to the injured victims.
Anyone injured in a bus accident should contact a lawyer experienced in bus accident litigation. The personal injury attorneys at Omrani & Taub, P.C., have successfully handled numerous claims against various bus companies and are acutely familiar with the intricacies of bus accident litigation. Interested clients should contact the office at 212-714-1515 or 212-529-7848 (that’s 212-LAW-SUIT).
Another Tour Bus Accident Involving New York City Residents
On Wednesday, August 24, 2011 a tour bus traveling from Brooklyn, NY to Washington, DC was involved in a major tractor trailer truck accidentwhile traveling on the New Jersey Turnpike. Several passengers were critically injured, including the bus driver. The bus was owned and operated by D.C. Trailways.
This bus accident is the fifth major tour bus accident of the summer involving buses carrying New York City residents.
On August 4, 2011 a tour bus transporting 28 people on vacation from Poland overturned in rainy weather on Interstate 81 in upstate NY near Syracuse. After skidding down an 80 foot embankment, the bus came to rest on its roof, according to State police. All passengers, and the driver, survived, however, one passenger was critically injured after being pinned under the roof of the bus. This bus was owned and operated by Princeton Holdings, inc, out of Morrisville, PA.
On July 22, 2011 a New York City-bound tour bus, owned and operated by Farr’s Coach Lines of Dunnville, Ontario, crashed and caught fire after colliding with a tractor-trailer on the NYS Thruway in upstate NY. 30 passengers were injured in that bus crash. The driver of the tractor-trailer also reportedly died in this accident.
On July 18, 2011 a tour bus, owned and operated by Bedore Tours, of upstate North Tonawanda, NY crashed near Rochester, NY while traveling to Niagara Falls, killing two passengers and seriously injuring dozens more. Reportedly, a tire blowout caused the driver to lose control, resulting in this rollover bus accident.
On March 12, 2011 a tour bus traveling from the Mohegan Sun casino, in Connecticut to New York’s Chinatown flipped over on I-95 interstate highway just after entering the Bronx. Numerous catastrophic injuries were sustained by passengers on the bus, many of whom were reportedly asleep in their seats at the time of this bus accident. The bus was owned and operated by World Wide Travel tours. After flipping onto its side at a high rate of speed, the bus skidded on its side for several hundred feet before tragically crashing into a steel support beam for an overhead highway sign, causing the roof of the bus to be sheared off at the level of the windows.
Tragically, 14 passengers killed, and two others lost their lives while battling their critical injuries at area hospitals.
So far this year, at least 33 people have died and over 323 injured in 19 tour bus accidents. That’s more than in all of 2010, when there were 30 people killed and 272 injured in 28 tour bus crashes, according to Advocates for Highway Safety, an alliance of consumer, health and safety groups.
Laws concerning bus accidents involving New York State residents…
As with any other motor vehicle accident, the New York State No-Fault laws apply with regard to “first party benefits,” including lost wages and medical bills. However, it is important to know that, in many cases where buses are involved, the proper No-Fault company may turn out to be the insurance company for any vehicles privately owned by the injured party. This statutory exception to the usual rules is just one more reason to hire an attorney with knowledge and expertise in motor vehicle accidents, and bus accidents, as soon as possible following a bus accident. The good news is that tour buses, such as Trailways, Greyhound and others, carry large amounts of insurance coverage, and passengers are almost never charged with contributory negligence. This includes the often-used tool of insurance company defense lawyers, who routinely blame passengers for not using their seat belts, or not utilizing them properly. Many buses are exempt from being legally required to provide seat belts for passengers (the driver must wear one).
Here is how we can help…
The personal injury lawyers at Omrani & Taub, P.C. are acutely aware that passengers in bus accidents are more likely to sustain serious injuries due to the lack of seat belt availability (although this legal exemption for buses may soon come to end due to certain changes in Federal laws). If you, or a loved one, have been injured in an accident involving a tour bus, a transit bus or even a small commuter bus, please call the law offices of Omrani & Taub, P.C. at 212-529-7848 (that’s 212-LAW-SUIT) as soon as possible. The lawyers at Omrani & Taub will file the time-sensitive paperwork required to ensure and protect your no-fault benefits, but they will also protect your legal right to pursue a claim, or lawsuit, to collect money damages for pain and suffering, or even death, against the bus operator and any/all other responsible parties. Bus passengers, like any other motor vehicle accident victim, often sustain serious injuries which cause pain and suffering well into the future, or permanently. Make sure that the attorneys you choose have the legal experience necessary to ensure that you, or your loved one, receive the maximum amount of money possible to protect you now, and in the future. Omrani & Taub, P.C. has the legal knowledge and experience to handle bus accidents here in New York City, or anywhere throughout New York State.