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Atlanta personal injury lawyer blog Wednesday, January 27, 2010

  Bus Driver to Be Sued after Fatal School Bus Wreck

On January 9, 2010, a school bus crashed into a station wagon and plunged off a 20-foot drop into a ravine. The bus wreck claimed the life of one student and injured 17 others.

The students, from the Hartford Academy of Mathematics and Science, were on their way to a robotics competition. They never made it.

"We are saddened to confirm that a student from the Greater Hartford Academy of Mathematics and Science was fatally injured this morning during a very serious accident on I-84 west. A bus driver, a teacher and 15 students from GHAMAS were also injured,” said Bruce Douglas of the Capitol Region Education Council after the wreck. "Our hearts, and the hearts of every educator and parent goes out to his parents, his family, his community in Rocky Hill, students and faculty of the Greater Hartford Academy of Math and Science, and the entire CREC community. They will all be in our prayers. This kind of incomprehensible tragedy is always on our minds. It is something we work tirelessly to prevent."

Vikas Parikh, 16, described as one of the "best and brightest" honor students, was killed in the bus crash. His sister Mayha said, "My mom got an email from a guidance counselor that he was first in class in ninth and tenth grade. She got that email of Friday . . . He was very into robotics, the type of thing a mechanical engineer would be into. My sister and I didn't get in to doing that, but anytime there was a computer problem, they knew where to turn to. It's just sad you'll never see him graduate high school. He had his permit, but he never got his license . . . He was too young."

The bus driver, Paul Burns, 44, told WFSB News, "All of a sudden I hear something colliding to the side of the bus and it was forcing the bus all the way to the right and I was doing everything I could to hold the bus on the road."

A DMV investigation revealed that Burns was driving a bus out of class. Burns had a commercial driver license for school buses with a total weight of up to 26,000 pounds. The bus he was driving weight 29,800 pounds.

Burns said he didn't know that he was driving out of class and that his managers never told him that the bus was over the weight limit for his license. He said he had been driving the same bus for two months.

"I was not informed that it was over the limit because if I had known, I would not have drive the bus," said Burns. "I just want to apologize wholeheartedly for what happened on Saturday morning because I wouldn't wish that on anyone, and I never want to see it happen to anyone every again."

Further investigation revealed that Autumn Transportation, the school bus company in charge of the bus, was cited for 65 out-of-service violations in 2008. These violations mean that the buses were not up to code. IN 2009, the number of violations doubled! Why was this company still in charge of transporting school children and keeping them safe?

Hopefully some answers will be brought to light in court. The family of Parikh has decided to sue Burns as well as 16-year-old Christopher Toppi, the driver of the other vehicle involved in the wreck.

If you've been injured in a bus wreck caused by negligence, contact an experienced Atlanta bus wreck attorney immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Monday, January 11, 2010

  High School Honor Student Killed in School Bus Wreck

The Hartford Courant in Connecticut reports that 16-year-old Vikas Parikh, an honor student at Rocky Hill High School, was killed in a school bus wreck Saturday morning. A small group of students were traveling to a robotics competition when the school bus collided with a station wagon. The school bus ran through guard rail and went down an embankment. Several students and a teacher were injured.

This accident raises a familiar, long-debated question: Should school buses be required to have seat belts? Many people think that a seat belt might have saved Parikh’s life.

Over the years, the design of school buses has changed to improve safety. For example, a second emergency exit was added after a 1989 school bus crash in which a bus filled with water in a ditch and students couldn’t escape. School bus designs have seen improved seat padding, better crash protection for fuel tanks, better brakes, enhanced body strength, and improved mirrors.

Research shows that school buses are safer than cars. A Transportation Research Board study concluded that only about 2 percent of the approximately 800 school children killed in school travel times each year are passengers on school buses.

However, the recent, tragic school bus wreck stresses the fact that school bus safety could be improved with the addition of seat belts. Padded seats may protect children in head-on crashes, but they cannot protect students from the kind of forces generated by rollovers or other types of accidents. When children get tossed around inside the bus, injuries and fatalities will inevitably occur. Seat belts would likely reduce injuries and fatalities.

Some people argue that seat belts might injure children or make it hard to get off the bus during an emergency. Most kids know how to get out of a seat belt. In my opinion, they would do much more good than harm. Seat belts might also keep the kids in place and cut down on driver distraction.

In the recent wreck, there is no word on what caused the accident. Some speculate that an improper lane change was behind the wreck, but the facts have not come out yet.

The National Highway Traffic Safety Administration (NHTSA) estimates that it would cost up to $252 million to add three-point seat belts to school buses. And that’s probably why school buses don’t have seat belts. But, given the importance of this issue – the safety of our children – it seems like lawmakers could find the money somehow.

Six states (including California, New York, and New Jersey) now require seat belt use on school buses, even though there is no federal law. Several more states, including Connecticut, will soon be considering regulation to require seat belts on school buses. I think it’s about time for Georgia to follow suit.

If you know someone who has been injured in a bus wreck, contact an experienced Georgia bus wreck lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.

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Thursday, December 10, 2009

  NTSB: Driver Fatigue Caused Fatal Bus Wreck near Victoria, Texas

According to a press release from the National Transportation Safety Board (NTSB), the board determined that the fatal bus crash near Victoria, TX, in January 2008 was caused by the driver’s loss of control of the vehicle after he fell asleep at the wheel. The driver, 42, drifted off the road and reacted by overcompensating once he woke up. He lost control of the motor coach and it rolled over onto its side.

The bus accident killed one passenger, and 17 other passengers suffered severe injuries. The driver and 29 other passengers received minor injuries. The NTSB discovered that passengers were injured from partial ejections as well as collisions with objects and other passengers inside the bus.

On January 2, 2008, the 2005 Volvo motor coach operated by Capricorn Bus Lines under International Charter Services was traveling on U.S. Highway 59 near Victoria, Texas, when the driver fell asleep, partially ran off the road, and then overturned the bus. The bus was traveling from Monterrey, Mexico to Houston, Texas and carrying 47 passengers. After the bus rolled over, a pickup truck struck the underside of the bus.

Through their accident investigation, the NTSB identified driver fatigue as well as lack of Federal Motor Carrier Safety Administration (FMCSA) oversight of passenger motor carriers in the areas of operating authority, leasing agreements, scope of operating authority violations, safety rating methodology, and the New Entrant Safety Assurance Program and registration and use of non-Federal Motor Vehicle Safety Standards (FMVSS)-compliant, passenger-carrying vehicles in commercial motor carrier operations in the United States.

“When we looked at the specific chain of events that led to this tragic accident, we also found numerous holes in the federal regulatory environment that allows a non-compliant motorcoach to be registered and operated on U.S. roadways,” said NTSB Chairman Deborah A.P. Hersman. “The traveling public should expect that any motorcoach they ride complies with all of the safety criteria imposed on every other commercial passenger vehicle within our borders.”

The NTSB has issued 19 safety recommendations as a result of this investigation: 1 to the U.S. Department of Transportation (DOT), 11 to the FMCSA, 2 to the National Highway Traffic Safety Administration (NHTSA), 2 to U.S. Customers and Border Patrol (CBP), and 1 to the Commercial Vehicle Safety Alliance, the American Association of Motor Vehicle Administrators, and the International Registration Plan.

The NTSB urged the NHTSA and the FMCSA to work with the CBP to develop a process to detect motor carriers operating buses or other passenger-carrying commercial vehicles that do not meet U.S. safety standards. Such non-compliant vehicles should be placed out of service once detected. The NTSB also urged the FMSCA to deny or revoke operating authority for commercial interstate motor carriers who fail to disclose any prior operating relationship with another motor carrier, prior operations as another motor carrier, or previously holding a different U.S. DOT number. Such action on the part of the FMSCA should eliminate some of the loopholes that allow unsafe motor carrier companies to continue operating.

If you’ve been injured in a bus wreck, call an experienced Georgia bus wreck lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Thursday, November 19, 2009

  Jury Awards $8 Million to Pedestrian Seriously Injured by Bus

Yesterday a Richmond, Virginia jury awarded $8 million in damages to a research librarian who worked at the Library of Virginia. Meikiu Lo, 34, won the full amount sought by her lawyers after she was hit by a GRTC Transit System bus and severely injured two years ago.

Lo suffered serious spinal and shoulder damage and multiple hip and pelvis fractures in the bus accident. The injuries have resulted in chronic pain. She was walking across the street when the GRTC bus, which was making a right turn, struck her.

Lo’s attorney, Jason W. Konvicka of the Allen, Allen, Allen & Allen law firm in Richmond, said, “She is a wonderful person who is a native of Hong Kong and will endure the consequences of the collision for the rest of her life.”

Konvicka reported that the seven-person jury deliberated for one hour before they determined the award. The damages were the only issue in the two-day trial.

Attorneys for GRTC had offered to settle the case for $1.8 million, but the settlement offer was rejected.

The bus driver was fired after the accident. John Lewis, CEO of GRTC, did not comment on the award. Attempts to reach attorneys for the bus company have been unsuccessful.

Konvicka told the Richmond Times-Dispatch that the decision will not affect the GRTC bus company’s balance sheet or bus fares because the award will be covered by insurance. However, the award is problematic for GRTC. The bus company is not only in the process of terminating some current routes but also still dealing with the aftermath of another recent high-profile pedestrian collision. A GRTC bus killed Loucendia Reed Lambert, 55, on September 30 as she crossed a street. Lambert worked at the Virginia Department of Health. In the most recent accident, the bus driver, Teresa Jones, 46, of Richmond, will face charges of reckless driving in the Richmond General District Court next week. No civil actions have been filed in this case at this time.

In the Lo case, jurors heard medical testimony that Lo suffered from post-traumatic stress disorder after her injury – and that Lambert’s recent death had caused a renewal of anxiety and emotional distress.

Lo did not attend her trial, according to Konvicka, because she is having a difficult time dealing with what happened to her. Lo was introduced to the jury at the beginning of the trial and returned after the trial to hear the verdict.

“When we left the courthouse, I walked her up the street,” Konvicka said. “She wanted to get right back to work.”

Lo could not be reached for comment. Konvicka said that Lo is extremely shy and has studied at the University of North Caroline as well as the State University of New York. She is originally from China, and her family is still in China.

Atlanta was recently ranked as one of the most dangerous cities for pedestrians. If you’ve been injured in a bus accident, contact an Atlanta bus accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Tuesday, November 3, 2009

  Morehouse College Students Injured in Bus Crash

More than a dozen Morehouse College students were injured over the weekend in a bus crash in Henry County, according to The Atlanta Journal-Constitution. One student, Bruce Purvis, Jr., remains in the hospital, and it is reported that he is recovering from a neck injury. Fortunately, none of the injuries were life-threatening, said Captain Jason Bolton of the Henry County Police Department.

All of the injured students are members in the college’s marching band known as the “House of Funk.” The marching band normally rides on three separate buses. On Saturday morning at approximately 10:15 a.m., one of these buses skidded off I-75 near the I-675 merge south of Atlanta. The bus flipped twice before coming to rest on its side, according to police reports. There were 42 students on board the bus at the time of the accident.

Two seriously injured students were transported to Grady Hospital in Atlanta. One was released fairly quickly, and the other was kept in the hospital. Several students were treated and release at other Atlanta-area hospitals.

Officials are not sure what caused the accidents, but they believe that the bus skidded on a wet roadway before it went off the road and flipped. After the bus flipped, Morehouse College band members on another bus saw the accident, and their bus turned around to help. All lanes of I-75 South near Hudson Bridge Road were temporarily shut down.

Police said that a car may have cut in front of the bus, causing it to lose control and rollover. The bus landed on its side in a ditch about 60 feet off the road.

The exact details of the crash are still unclear. Steve McClardy, the owner of the bus company said that he is licensed with the state under the name Superior Coach. However, CBS Atlanta could not find the name in a search of the Public Service Commission’s website. CBS then obtained a cease and desist letter from the PSC which instructed Superior to stop all service until it had obtained a proper license. The letter was issued in February. Superior Coach, also referred to as Superior Transportation, appears to be yet another commercial transportation that is still driving after having been ordered off the road.

Bill Edge, a spokesperson for the PSC, said that Superior has never had a license as far as he knows. When asked why PSC didn’t shut the company down, Edge said, “We have to prioritize the hundreds of carriers that are committing violations, such as movers who are ripping people off. So we have to prioritize with our small staff and go after people who are really hurting the public at the time.”

Morehouse College President Robert Franklin said that it was a frightening day for everyone at Morehouse.

“But thank God not a tragic day,” he added. He said that counselors and a chaplain will be available to students on campus if they need to talk about the accident.

The Morehouse students and passengers in surrounding vehicles were very lucky. But this story is a grim reminder that many of the commercial buses and trucks on the roads are in violation of some sort of order, regulation, or law. And unfortunately, these large commercial vehicles cause a lot of damage in accidents.

If you or someone you know has been injured in a bus accident, contact an experienced Atlanta bus crash lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

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Wednesday, October 14, 2009

  Families Sue over Double-Decker Party Bus Accident Fatalities

The families of two 22-year-old men killed in a tragic double-decker bus accident have filed a lawsuit against the bus driver and bus owners.

According to Chicago Breaking News, Justin Sleezer and Cameron Chana were partying on the top level of an open-air double-decker bus when their heads struck the Interstate Highway 57 overpass on Illinois Highway 16 in Mattoon, Ill. Several people were standing on the top level of the bus, but Chana and Sleezer were just a few inches taller than everyone else. Those few inches cost them their lives.

"It's just one of those things you would never think you would see," said Mattoon Police Chief David Griffith. "It was a horrible accident."

When the tragedy occurred, there were about 50 passengers on the bus. Most of the passengers were students at Eastern Illinois University. The bus was rented to return the students after a day of boating at Lake Shelbyville.

After the accident occurred, the bus driver took the victims to a nearby medical center. They were transported to another hospital and pronounced dead the next morning. No one else on the bus was injured.

Party organizers, including many members of the Sigma Pi fraternity, rented the double-decker bus from Lincoln Springs Resort in Charleston. After the accident, the chief of operations at Lincoln Springs said, “Our sympathies go out to the individuals’ families and friends.”

According to passengers on the bus, the driver never told the partygoers on the upper level to sit down, and many passengers were drinking beer.

“There was nothing ever said to us about any safety precautions,” said a friend of Sleezer who was on the bus.

Sleezer was 6’2” and Chana was 6’3”. Both of the students were facing backward and did not see the approaching low overpass.

“It happened so quickly. None of us saw the overpass coming,” said Sleezer’s friend Robert Stiles, also 22.

“He fell into my arms,” said Stiles, who was standing next to Sleezer at the time of the accident. Stiles stands at 5’7”.

“I’m thinking the other taller guys were sitting down,” Stiles said.

This is certainly a tragic and odd story. It illustrates that alcohol makes driving much more dangerous, even for passengers.

Most commercial bus accidents result in injuries to occupants of other vehicles. More than two-thirds of bus accident fatalities are people in other vehicles. Commercial buses (and especially double-decker buses) are extremely massive, and they can do a lot of damage to smaller vehicles.

Bus accident injury cases can be complicated because the responsibility for the accident may lie with several parties (such as the driver and the bus company). Sometimes the victim is partially at fault. That may be the case in the double-decker bus accident.

If you have been injured in a bus accident, contact an experienced Georgia bus wreck attorney as soon as possible. Contact MLN Law at 404-531-9700 to schedule a free consultation.

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Thursday, June 11, 2009

  Georgia Bus Accident Lawyer

If you’ve been living around Atlanta for a few years, you probably remember the Atlanta bus wreck that killed seven people, including five college baseball players in 2007. As a Georgia bus accident lawyer who follows the news closely, I certainly do.

It was a horrible bus accident. The college baseball team’s charter bus fell off a highway bypass 30 feet above the ground. It was a

More than two dozen passengers were injured. The bus driver, unfamiliar with Atlanta, apparently caused the accident by confusing a left-lane exit ramp with the highway. He drove the bus through a stop sign and into a concrete barrier at full speed.

The force of the impact whipped the massive bus around, and some passengers were thrown onto the overpass at impact. Then the bus tumbled off the overpass and onto Interstate 75 below.

Kitty Higgins of the National Transportation Safety Board said that an inspection of the bus revealed no problems with the brakes, suspension, tires, or steering. She said that the driver probably misread or missed signs that marked the left-lane exit which separates from the high-occupancy vehicle (HOV) lane.

Large busses, like large tractor trailer trucks, are top heavy and can easily lose control and flip. With passengers onboard, they can also weigh nearly as much as some semi trucks.

School buses are not exempt from the danger. School bus accidents in Georgia happen all too often. Last year a school bus in Canton overturned, sending 11 students to the hospital. Luckily, no one was killed. The bus lost control after the driver overcompensated when the tires went off the pavement.

According to the National Highway Traffic Safety Administration, 1,536 people died in school bus accidents between 1996 and 2006.

Here are some more alarming statistics on school bus wrecks:

- Approximately 40 people die in school bus accident each year.

- In 72 percent of fatal school bus accidents, the victims are occupants of other vehicles.

- Approximately 57 percent of school bus wrecks involve another vehicle.

- Each year, nearly 24 million children ride a school bus, and 12,000 of them are injured in school bus accidents.

Still, many school buses do not have safety belts or restraints of any kind. Other motorists are even more likely to be injured in a school bus wreck.

Because buses are so large and heavy, accidents often result in serious injury and death. Bus accidents may be caused by dangerous roads, weather conditions, defective parts, improper maintenance, or driver negligence, among others.

If you’ve been injured in a bus accident as a passenger, another motorist, or a pedestrian, you may be able to file a personal injury claim against the bus company (whether it‘s public or private). Cases against public or government organizations can be very complex and have strict time limits.

If you’ve been injured in a bus accident, contact an experienced Georgia bus accident lawyer as soon as possible. Remember, you have a limited amount of time to file a case. Plus, the longer you wait, the harder it will be for your attorney to collect valuable evidence.

MLN Law has the legal experience and medical expertise you need. Through caring, aggressive representation, we will fight to get you the compensation you deserve. Call (404) 531-9700 now to schedule your free consultation. If you wait, you may jeopardize your case.

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Sunday, September 21, 2008

  Grisham book "The Appeal" true to life

I recently finished reading the John Grisham book, "The Appeal". It is an interesting if unfortunately too true look at how politics and big business are preventing injured people from obtaining justice.

In the book a large verdict against a crooked chemical manufacturing company that illegally dumps its toxic waste prompts its CEO to buy a Supreme Court candidate.

Big businesses have spent millions in judicial elections and backed new candidates to victories in Mississippi, West Virginia, and Texas. Fortunately, Georgia did not fall for it in the past Supreme Court election. I recommend people read "The Appeal."

For a real life example of how appeals can overturn huge verdicts, consider that the Texas Court of Appeals just reversed a $17 million verdict in fatal bus crash.

The court held that a $17 million jury award must be reversed because the trial court's failure to instruct the jury to properly apportion damages. Five passengers were killed and many injured when a chartered passenger bus crashed on an interstate highway.

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Monday, June 9, 2008

  Utah Ski Bus Case Will Go to Trial

Two families, who suffered a death and several injuries after a ski bus rolled down an embankment in Utah last January, have hired attorneys. A Nebraska-based motor coach company called Arrow Stage Lines was contracted to take 17 busloads of skiers to and from Colorado for a three-day ski trip. A total of nine people died and 23 were injured in the tragic ski bus incident.

Marc Rasmussen, an 18-year-old high school senior, died in the wreckage. His mother, Kim, and four other family members, including a 5-year-old boy, were injured. Some family members have been released, but Kim remains hospitalized in New Mexico.

A Utah Highway patrolman who investigated the accident said the driver, Walland Lotan, 71, was driving at the 65 mph speed limit when he rounded a tight curve, plunging the 52 passengers into the embankment; but, said the patrolman, the driver should have slowed by several miles an hour as he approached the curve.

The National Transportation Safety Board and Utah Highway Patrol are conducting an investigation into the accident, including an analysis of a "data collector" (or "black box") on board the bus that logs speed and position at the time of the accident, and records video of the driver.

If you've been injured due to the negligence of a bus driver, contact us at the Law Offices of Michael L. Neff. We have handled bus wrecks and a prompt phone call or an email us as soon as possible can mean preservation of the black box evidence before it disappears.

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