NY Truck Crash Blamed on Driver Inattention
Last month, an 18-wheeler was responsible for the death of six people when it crashed into a long line of cars stopped for road construction. Now, a month later, officials are blaming the accident on the truck driver’s inattention.
According to the Daily Herald, the truck accident happened near the Fort Drum Army post, where road workers were repaving. There was a series of signs leading up to the road work, warning that workers were ahead.
The truck driver claimed not to see any of the signs.
Instead, he plowed into the back of an SUV, starting a chain reaction of collisions. In all, six were killed including three children.
The truck driver himself was initially listed in critical condition, but is now in good condition, recovering at Upstate Medical University in Syracuse.
No charges have been brought against him.
His truck was owned by MBM Customized Foodservice Distribution. The company is based out of North Carolina and their trucks have reportedly been involved in 75 accidents over the past two years—one of which was fatal, and 23 resulted in injury. Continue reading
Trucker Missed Construction Signs in Fatal Wreck
Six people were killed last week in a tragic accident that occurred upstate on Route 11 near Fort Drum Army post. A truck driver plowed into the back of a line of cars who were waiting for a paving project on the highway.
According to the Washington Post, the police report that truck driver James A. Mills, 45, was alert at the time of the accident and just failed to notice the construction signs and the stopped vehicles. Mills reportedly tried to brake before the accident and “didn’t appear to be impaired or distracted,” according to state police.
Investigator Rick Hathaway reported that there were no text messages or calls immediately before the accident. He also said that Mills was cooperative and helped to pull a victim from their car before it caught fire.
Mills crashed into an SUV that burst into flames on impact. A family of four within the SUV died at the scene. The tractor trailer accident ultimately involved six cars as the SUV was pushed forward in the line of stopped vehicles. One additional victim died later at the hospital. Continue reading
FedEx Truck “Slams” Amish Buggy, Kids Hurt
Near the Canadian border, in the far northern region of the state, it’s not unusual to see Amish buggies. It appears one FedEx driver wasn’t aware of this, however, striking a buggy from behind and seriously injuring the passengers.
According to the Washington Post, the accident happened in the town of Massena on Route 37. Two women and four children were riding in the buggy at the time. As you might expect, a few of them were serious injured simply because such buggies don’t provide the safety of modern automobiles.
One of the mothers is being treated for a possible spinal injury, and two 3-year old children remain in critical condition. The other passengers were treated and released. The driver of the FedEx truck and his coworker passenger were not injured.
At the time of the Washington Post article, the accident was still under investigation. Nearly all rear-end accidents are deemed to be the fault of the accident that was in the rear, however, and it seems there are no indications that the buggy passengers played a role in causing the accident.
Despite how cut and dry an auto accident might seem, the police and insurance companies will each have to do their own investigations. Sometimes their findings don’t jibe with one another, creating a conflict often sorted out by attorneys in a personal injury claim. Continue reading
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.