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
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.