wrongful death

Wrongful death lawsuit against bus company settled

The mother of a teenage boy who was struck and killed by a school bus can breathe a little easier now that she has settled a wrongful death lawsuit she brought against the largest bus company in the nation. That lawsuit was reportedly settled for $5 million.

The bus accident occurred in November of 2010. The 23-year-old school bus driver reportedly did not take necessary safety precautions, including inspecting the bus before driving. The school bus’s windows were covered with frost and she had little to no visibility from the inside of the bus to see her surroundings, making the situation very dangerous. Continue reading

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Family says restraints could have saved NY construction worker

In New York, a construction accident involving a worker who was killed after a wind gust blew him off a roof apparently involved employer negligence and liability as described by personal injury laws. The family of the deceased worker is suing the subcontracting firm, claiming employer negligence in failing to provide any type of safety protection for the worker to prevent a fall.

The 36-year-old worker fell over 50 feet onto a concrete slab and died at the scene. In this lawsuit, personal injury claims are also being made against the development partnership owners of the property as co-defendants. Under Occupational Safety and Health Administration regulations and laws designed to protect workers from on-the-job injuries, there should have been adequate protection provided to prevent this fall. Protection could have been provided with restraining devices or a safety harness configuration for that worker. Continue reading

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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

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