Bus Accident

Tejano Star Emilio’s Company is Sued For Personal Injury Over Bus Crash

June 3, 2008 | Lebowitz & Mzhen

Two people are suing Emilio Inc, the company of Tejano star Emilio Navaira for injuries they sustained during a tour bus crash in Texas in March. Navaira, who was driving the bus, lost control of the vehicle that slammed into traffic barrels. The singer suffered a life threatening traumatic brain injury that put him in a coma. He is slowly recovering.

Grupo Rio band drummer Daniel Sandoval, who suffered head and back injuries from the bus accident, and Pedro Perez, who is the grandfather of one of the band members, are the plaintiffs of the personal injury lawsuit. They are seeking unspecified damages.

The 45-year-old Tejano star reportedly had a blood-alcohol content of 0.19—over twice the legal limit—at the time of the crash. Police also say he was not properly trained to drive the tour bus. He was also reportedly tired when driving that night after performing at a Houston Club.

Navaira, has two previous arrests for DWI. Since he signed a form saying he does not own a car, he did not have to install an alcohol-detection device in his motor vehicle.

Bus drivers must have the experience and training to properly operate these large motor vehicles. Most buses are not equipped with seat belts and bus drivers are responsible for safely transporting a large number of passengers in their vehicles.

Passengers in cars and on motorcycles, as well as pedestrians and bicyclists, are often at a disadvantage when involved in a collision with a bus because, like trucks, buses are a lot larger and weigh a lot more and the impact of being struck by one of these vehicles is often catastrophic.

Contact our Washington DC bus accident attorneys or our Maryland bus crash lawyers if you or someone you love was seriously injured in a bus collision caused by another negligent party.

2 sue Tejano star Emilio over Houston crash, Houston.com, June 3, 2008
Musicians Sue Emilio’s Company For Personal Injury, Click2Houston.com, June 3, 2008
Doctors: If He Survives, Grammy-Winning Tejano Singer Emilio Navaira Faces Long Recovery, FoxNews.com, March 25, 2008

Related Web Resource:

Center for National Truck and Bus Statistics , Umich.edu

At Least Four Children Are Injured After Maryland School Bus Accident in Prince George’s County

February 27, 2008 | Lebowitz & Mzhen

In Maryland, the driver of a school bus and three to five middle school student passengers were injured this morning after the bus they were riding in flipped over in Riverdale in Prince George’s County.

There were 45 passengers on the bus that was headed for William Wirt Middle School. All of the students that were in the bus at the time of the accident were transported to local hospitals for medical evaluation.

The bus driver will be charged with failure to yield right of way. It is believed that the driver tried to turn left too quickly.

School buses in Maryland are not required to provide seatbelts to passengers. Different types of injuries can occur during a bus rollover accident:

A 90-degree rollover: A bus passenger can end up slamming against a bus wall, a seatmate, a window, or their backpack or bag.

A 180-degree roller: Students can fall headfirst into the ceiling or be struck by falling objects that were not securely stored. Students may slip and fall into each other and sustain further injuries. Students may have to crawl over unconscious or seriously injured students to exit through windows.

In Maryland and Washington D.C., our personal injury law firm represents injured school bus passengers and their families in bus accident claims and lawsuits against the negligent parties. We also handle all kinds of injury cases involving injured minors.

An article, called The Severity of Bus Rollover Accidents found on the NHTSA web site, categorizes rollovers into the following groups:

• Turn on side
• Turn into a ditch
• Rollover from the road
• Serious rollover- involves more than two rotations
• Combined rollover- may involve a fire, a severe frontal collision, or the bus falling into a body of water
Overturned School Bus Sends Students, Driver to Hospitals, Washington Post, February 27, 2008

The Severity of Bus Rollover Accidents, NHTSA (PDF)

Related Web Resources:

School Bus Accident Reconstruction

Secretary Peters Catches Bus to School, Proposes New Safety Rules for School Buses, NHTSA.gov, November 19, 2007

D.C. Metrobus Driver Pleads Guilty to Negligent Homicide in Wrongful Deaths of Two Pedestrians on Valentine’s Day

September 11, 2007 | Lebowitz & Mzhen

Victor Z. Kolako, the former metrobus driver who killed two female pedestrians on Valentine’s Day in a deadly motor vehicle accident, pled guilty to two counts of negligent homicide last Friday. As part of his plea agreement, prosecutors will pursue a prison sentence of no more than three years for Kolako.

Kolako, a Metro employee until he was fired after the fatal pedestrian accident, had been driving his Metrobus on Seventh Street NW on Valentine’s Day when he turned left onto Pennsylvania Avenue. D.C. police say that Kolako did not yield to oncoming traffic on Seventh Avenue and did not see the two pedestrians that were crossing the street on a “walk” signal in a crosswalk.

The pedestrians, Sally Dean McGhee, 54, and Martha Stringer Schoenberg, 59, were co-workers at the Federal Trade Commission. They were also friends and lived in the same neighborhood in Alexandria. The two women were leaving work and were about to take the metro home.

Police say that the two victims were dragged beneath the bus. Schoenberg’s husband has filed a 50 million wrongful death lawsuit against Metro.

Since 2005, there have been eight traffic accidents involving pedestrians and Metrobuses at the intersection of Pennsylvania and Seventh. It is considered one of the most dangerous intersections in D.C.

According to Metro, during the fiscal year ending on June 30, 2007, 32 pedestrians were hit by Metrobuses. 5 people were killed in these traffic accidents. The most recent pedestrian-Metrobus collision took place on February 14 and involved a 21-year-old nursing student.

Metro says that Metrobus drivers are required to take part in a safety training program of 1-2 days each year.

The number of Metrobus accidents involving pedestrians is a growing concern. Last February, Metrobus General Manager John B. Catoe Jr. announced new measures to improve Metrobus safety and public confidence.

Catoe vowed to monitor Metrobus drivers and their driving records. He also said he wanted to increase the amount of street supervisors that manage driver conduct.

Just one day after Catoe’s announcement, however, Metrobus drivers were seen driving through red lights, talking on cell phones, blocking intersections, and going over the speed limit.

443,000 passengers ride on D.C.’s Metrobus system each day.

Metrobus Driver Pleads Guilty, Washington Post, September 8, 2007
Metro to Require Safety Training for Bus Drivers, Wtopnews.com, February 15, 2007
Metro Chief Vows Better Bus Safety, Washington Post, February 25, 2007

Related Web Resources:

Husband Sues in Fatal Accident, Washington Post, March 20, 2007

Washington Metropolitan Area Transit Authority

Maryland State Police Warn Drivers to Exercise Caution When Near School Buses

September 4, 2007 | Lebowitz & Mzhen

Police in Maryland are reminding drivers to “exercise caution, especially when children are involved… while driving anywhere near a school bus.” The warning comes in the wake of the new school year and efforts by state and local law enforcement departments to make this school year a safe one with zero injury accidents and wrongful deaths.

Police will be watching for drivers that are not paying attention when driving close to school bus stops. In Annapolis, drivers stopping in school traffic safety zones during the next five days will get a warning. Afterwards, they will receive citations.

Annapolis will also set up radar-speed display boards in school traffic zones. Police officers will stop any driver caught speeding. Stopping at pedestrian crosswalks will also be enforced, as will the use of seatbelts and child car seats. County officers will patrol school zones in cars during times when school buses are in operation.

Maryland’s Penalties for the Following Violations by Motor Vehicle Drivers:

• Failing to stop for a school vehicle: 3 points to the driver’s license and a $570 fine

• Causing an accident because of failure to stop for a school vehicle: a $610 penalty and three points to the driver’s license.

• Failing to stop for a pedestrian at a crosswalk: $80 fine
• Failing to exercise caution when children are around: $70 fine

Statistics show that from 1991-2001, about 26 children died in school bus accidents. 19 of the 26 fatalities were children that had gotten off or were getting on a bus. Half of the student pedestrians were between the ages of 5 and 7.

There were 1,479 school bus accidents that occurred over this same period. 68% of these accidents involved drivers of other motor vehicles.

Losing a child in a school bus-related accident can be very devastating for the family. It can also be very traumatic for a child to sustain serious injuries in a school bus accident, and the psychological and emotional ramification can be long term.

If your child has been seriously injured or killed in a school bus accident because the bus driver or another driver was negligent, you might have grounds to file a personal injury or a wrongful death claim or lawsuit.

Bus safety high on police radar, Hometownannapolis.com, August 20, 2007
School Bus Accident, Online Lawyer Source

Related Web Resources:

Traffic Safety, NHTSA
Back to School Safety, NSC.org

School Bus And Car Crash in Baltimore County And 13 Children Are Sent to Maryland Hospitals

July 18, 2007 | Lebowitz & Mzhen

1 adult and 13 children were sent to local hospitals this morning after a school bus carrying 33 children to McDonough Day Camp collided with a Cadillac at Windsor Mill Road and Mayfield Avenue in Baltimore, Maryland.

The adult—a woman—was taken to Maryland Shock Trauma Center for observation. Four of the children were taken to North West Hospital. Nine children were brought to Sinai Hospital. All of the injuries are reportedly not fatal.

2002 statistic from the National Highway Traffic Safety Administration: 19,000 people were injured in bus accidents. 9,000 school bus-related injuries were reported in 2000. 16 of these injuries resulted in deaths.

Also, in 2002, the NHTSA says that “On average, over the past 11 years, school buses have been involved in over 26,000 crashes, resulting in less than 1,000 incapacitating injuries and slightly more than 7,000 non-incapacitating injuries and possible injuries to passengers.”

If a person is injured in a school bus crash because the bus driver, the bus company, another driver, or another party was negligent, the injured victim may be able to file a personal injury claim or lawsuit against the negligent party. Causes of school bus accidents can include driver negligence, a defective vehicle, improper maintenance, DUI, and inadequate safety.

Accidents involving school buses can be more complicated then injury accidents involving only cars or motorcycles, which is why it is so important to retain the services of an experienced personal injury lawyer.

School Bus Crash Sends 14 to Hospitals, Washington Post.com, July 18, 2007
Youths hurt in Balto. Co. school bus crash, Baltimore Sun.com, July 18, 2007
School Bus Fatalities and Injuries, NCSBS.org

Related Web Resources:

The National Coalition for School Bus Safety

National Highway Traffic Safety Administration

In Washington D.C., Metro Bus Driver Is Fired After Two Pedestrians Are Killed On Valentine’s Day

March 30, 2007 | Lebowitz & Mzhen

Victor Z. Kolako, the Metro bus driver who has been charged with two counts of negligent homicide for the death of two pedestrians in downtown Washington D.C. on Valentine’s Day, has been fired by Metro.

Kolako had struck Sally Dean McGee, 54, and Martha Stringer Schoenborn, 59, at Seventh Street and Pennsylvania Avenue. The two women were crossing the street in the crosswalk while the “walk” sign was, on after leaving work at the Federal Trade Commission, when they were hit by the bus that Kolako was driving.

Kolako, 53, had been a Metro bus driver since 2000. Metro General Manager John B. Catoe says that Metro will start monitoring its bus drivers for moving violations while on duty and will coordinate its efforts with DMV’s in Maryland, Washington D.C., and Virginia.

Bus drivers are driving “common carriers” and are, by law, obligated to make sure that they drive with the utmost caution while making sure that the passengers they are carrying on the bus and others on the road are safe.

If you have been injured or someone you love has been killed because of a negligent bus driver, it is important that you speak with a personal injury lawyer who is experienced in dealing with bus accidents.

Public buses are usually owned or run by county, city, or regional transportation departments. This means that a public bus driver may very likely also be a government employee. Obtaining your recovery from the insurance company of a local government or a bus company can be much more complicated than dealing with the insurance company of a car driver. You want to ensure that your rights are protected and every avenue of recovery is explored.

Some of the injuries that can occur during a bus accident:

• Spinal cord injuries
• Internal injuries
• Broken bones, fractures, and sprains
• Burn injuries
• Head injuries
• Brain trauma

Over Two Dozen People Injured In Kensington, Maryland As Two Buses Collide

March 14, 2007 | Lebowitz & Mzhen

Montgomery County Police are reporting a two-bus collision after a Ride On Bus rear-ended a Metrobus on Viers Mill Road. More than two dozen people were hurt—most of the injuries reportedly minor.

More than two dozen people were hurt Monday morning after two buses collided in Kensington, Maryland.

Bus Accidents and Personal Injury

Individuals who have been injured in a bus accident may be eligible to file a personal injury claim if the accident occurred because another party was negligent.

Some factors that can lead to bus accidents:

• Poor road conditions
• Driving under the influence
• Negligent driving
• Mechanical problems
• Faulty breaks

Injuries can range from minor scratches to broken bones, severed limbs, head injuries, burn injuries, and even death. Emotional trauma can be another effect from a bus accident.

Bus passengers, passengers in vehicles involved in a bus collision, and pedestrians who have been injured in a bus accident should contact an attorney right away. It is important that you have your own representation before speaking to the other party and their insurance company. An experienced personal injury lawyer can tell you how much compensation you should claim to cover all your recovery costs.

Collecting recovery from a bus accident can be more complicated than when the victim has been injured in an accident by a negligent car driver or motorcycle rider. Bus driver are subject to certain regulations and standards that they must uphold on the road. We can help you determine whether a bus driver neglected to protect his or her passengers by not exercising the utmost care when driving. We will also explore all avenues of recovery. There may be instances where the bus company and certain government entities may also be held liable.