Bus Accidents

Published on: June 26, 2024

Court dismisses claims against Sunflower Express in bus accident case. Yao v. World Wide Travel of Greater N.Y. Ltd. 2018 N.Y. Slip Op. 32473 (N.Y. Sup. Ct. 2018)

by Stephen Bilkis

In a complex multi-party legal case, plaintiffs sought damages from Sunflower Express, Webster Trucking Corp., and Joshua Alphonso Reid, stemming from a devastating bus accident.

Background Facts

On March 12, 2011, a devastating accident occurred on Interstate 95 in the Bronx, New York. A bus, driven by Ophadell Williams, was returning to Manhattan’s Chinatown from Mohegan Sun Casino in Connecticut. While carrying 32 passengers, the bus veered off the southbound lanes around 5:39 a.m., collided with a guardrail, overturned, and was impaled by a sign pole, resulting in 15 fatalities and numerous injuries. Investigations were conducted by the New York State Police, the National Transportation Safety Board, and the Bronx County District Attorney, which led to Williams facing charges of manslaughter and assault, although he was ultimately acquitted.

Published on: June 26, 2024

Passenger seeks damages after bus hit by unidentified SUV. Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019)

by Stephen Bilkis

In Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019), Plaintiff Beron Guity sought damages for injuries sustained in a bus accident on June 1, 2016, involving an uninsured motorist. Uninsured motorist coverage is a type of car insurance designed to protect drivers and passengers from financial loss when involved in an accident with a driver who is either uninsured or cannot be identified, such as in a hit-and-run incident. This coverage steps in to pay for damages like medical expenses, lost wages, and pain and suffering that would normally be paid by the at-fault driver’s insurance. It helps ensure that individuals receive necessary compensation even when the other party fails to carry adequate insurance, providing a layer of financial security in many unpredictable driving scenarios.

Background Facts

On June 1, 2016, while traveling on the northbound Sprain Brook Parkway in the Town of Greenburgh, New York, a Liberty Lines Transit bus, operated by Yeritza Vasquez and owned by the County of Westchester, was involved in an accident. The onboard video system recorded the incident. The bus was in the center lane when an SUV, moving faster than the bus from behind, swerved from the left lane to avoid a stopped vehicle and collided with the bus. The SUV driver fled the scene, making this a hit-and-run accident. The plaintiff, Beron Guity, a passenger on the bus, sustained injuries during this incident and filed a lawsuit seeking damages, attributing negligence to the bus driver and seeking uninsured motorist coverage from Liberty Lines Transit. The County Defendants acknowledge the accident but contest the negligence claim arguing that the accident was solely caused by the unidentified hit-and-run SUV, not by any action of the bus driver.

Published on: December 27, 2012

A school security guard was struck by a parents’ car

by Stephen Bilkis

On March 12 of 2010, a school security guard was struck by the car of one of the parents while attempting to assist her with a traffic issue. He approached her car as she sat in the traffic line to drop off her child. After she pulled in, a school bus pulled in behind her. Her vehicle was blocked. The Westchester security guard approached her vehicle from the front. As he passed in front of her car, she inexplicably drove forward striking the security guard. He incurred a personal injury that resulted in a lawsuit against the woman and her insurance company, but also the owner of the car and their insurance company.

The car was owned by a vehicle leasing company. They had an internal policy against leasing cars to people with revoked or suspended driver’s licenses. Upon investigation, the security guard had discovered that the car had been leased by the woman’s boyfriend who had a restricted driver’s license. The security guard maintains that the company employee violated policy when he leased the car to the man. The man’s driving record clearly indicating that he was not a safe driver as per the standards set by the leasing company itself. The security guard believes that if the leasing company had not leased the car to the man in violation of their own internal policy, he could not have loaned it to his girlfriend, and she would not have hit him with it causing his injury.

The security guard maintains that he was injured so severely as to have to miss several days of work and suffering from injuries so severe that they have altered his lifestyle. He stated that he had a spine injury, head injury, hip and knee injuries that required surgery. He stated that he is no longer able to play ball with his grandchildren or to maintain a normal lifestyle.

Published on: December 5, 2012

NY TA bus in an accident with a car

by Stephen Bilkis

This involves a case where the court denied the motion of the defendants for summary judgment to dismiss the case against them.

Plaintiff alleged that, on June 16, 2007, he was injured when a New York City Transit Authority Bus driven by its employee made contact with a motor vehicle driven by defendant driver and owned by owner. Plaintiff was a passenger in defendant driver’s vehicle. By decision and order dated September 16, 2008, the court granted defendant owner’s motion to dismiss the complaint and any cross claims in this action as against it. (Martorella Affirm, dated 3/18/11, Ex E.)

The bill of particulars alleges that, as a result of this alleged car accident, plaintiff sustained herniated discs at C4-C7, and L5-S1, and injuries to his right hip, right arm, right shoulder, neck and back, some of which are believed or may be permanent in nature. (Martorella Affirm, dated 3/18/11, Ex C [Bill of Particulars ¶ 6].) In August 2008, plaintiff, who was represented by a law firm, apparently decided to represent himself. (Martorella Affirm, dated 3/18/11, Ex D.) Plaintiff testified at his deposition that, at the time of the accident, he was employed by Gotham Registry, a nursing agency, working per diem as a licensed nursing assistant.

Published on: December 3, 2012

Improper repair of a tire causes van accident

by Stephen Bilkis

On August 24, 2002 nonparty driver was driving a van with eight passengers, one of whom was an adult and seven of whom were children. While driving on a divided highway in Pennsylvania, the driver lost control of the van when the right rear tire blew out. During the resulting crash, the van barrel-rolled across the median and became airborne before landing in the lanes of oncoming traffic. All of the children were ejected from the van and sustained varying degrees of injury. The adult passenger, who remained in the vehicle, died. The appellant lawyer was retained to litigate an action on behalf of the estate and the husband of the deceased, and on behalf of these five infant passengers.

Appellant based her action upon conclusion that the tire at issue had been improperly repaired and was not the proper size for the van. Second, she concluded that the van had a faulty liftgate latch, which allowed the liftgate to open during the car accident. Consequently, she named the manufacturer of the van as a defendant.

Appellant lawyer requested an award of an attorney’s fee in a sum consistent with her retainer agreement, representing one third of the net settlement from the manufacturer of the van and 25% of the net settlement from the driver’s insurer. The Supreme Court approved so much of the proposed infant’s compromise order as concerned the amounts recovered by the infant plaintiffs, but awarded appellant lawyer an attorney’s fee in a sum representing approximately 25% of the aggregate net settlement. The lawyer appealed.

Published on: September 1, 2012

On 12 March 2010, at approximately 9:15 a.m. on Albany Avenue

by Stephen Bilkis

On 12 March 2010, at approximately 9:15 a.m. on Albany Avenue, Amityville, County of Suffolk, State of New York, personal injuries were allegedly sustained by plaintiffs as a result of a pedestrian knockdown or automobile accident with defendants. At the time of the automobile accident, plaintiff was a pedestrian and defendant individual was the operator of a 2009 Dodge Charger that was owned by a rental company, the defendant corporation.

Defendant individual’s girlfriend had rented the vehicle from the defendant corporation.

Allegedly, plaintiff who was a school security guard was struck by the front of defendants’ automobile when it was in the driveway in front of the school where plaintiff was working. Defendants’ vehicle entered the school driveway to drop off a child and was unable to back out of said one-way driveway due to a school bus pulling behind it.

Published on: August 25, 2012

Defendants Platform Taxi Service, Inc. move for an on order

by Stephen Bilkis

Defendants Platform Taxi Service, Inc. move for an on order, pursuant to CPLR 3212, dismissing the Verified Complaint of plaintiff Sheryl Azevedo, on the ground that she did not sustain a “serious injury” within the meaning of Insurance Law §5102 (d) as a result of the February 21, 2007 accident. Plaintiff alleges “serious injury” under the “significant disfigurement” category in Insurance Law §5102 (d), based upon facial scarring.

A Lawyer said that, in support of their motion, defendants submit the affirmed report of plastic surgeon Robert D. Goldstein, M.D., who examined Plaintiff, and a copy of the transcript of Plaintiff’s examination before trial. The results of Dr. Goldstein’s examination are stated in their entirety as follows: “Physical examination with specific reference to the area of scarring shows that there is no perceptible residual scarring of the upper lip. On the bridge of the nose, there is an inferior area of white hypopigmentation measuring 1.25 x 0.5 cms, and above this there is a linear scar that measures 1.4 cms. There is no disability associated with these areas of scarring.

A source in Nassau and Suffolk said that, since Dr. Goldstein does not state that the photographs accurately represent that which they purport to depict, they are inadmissible as evidence. In any event, photographs taken three years after the accident, when they are the only photographs submitted, would provide a potentially unbalanced representation of the plaintiff’s injury on the question of significant disfigurement, particularly since even temporary disfigurement may qualify as a serious injury. Indeed, Dr. Goldstein states that he reviewed copies of 3 black and white photographs from St. Vincent’s Hospital, but the contemporaneous photographs are not provided to the Court for consideration on this motion.

Published on: August 5, 2012

Kevin Mitchell, a New York Resident rented a 2000 Dodge Durango

by Stephen Bilkis

Kevin Mitchell, a New York Resident rented a 2000 Dodge Durango from Budget-Rent-A-Car in Hartford, Connecticut on May 26, 2000. Budget-Rent-A-Car is a Delaware company where the main offices are in Illinois. The vehicle is registered in Connecticut under Team Fleet Financing Corporation, which is also a Delaware company with the main offices in Illinois. The following day Mr. Mitchell was driving the car on Route I-81 in Ryan Township, Pennsylvania with Tahani Roper, Tracy Brown and Thais Mitchell as passengers. A witness said in an attempt to over-take another vehicle, the car swerved of the road, hit a guardrail and went down an embankment. The vehicle flipped multiple times, which caused some of the passengers to be thrown out of the vehicle. Tahani Roper, an infant died instantly. Tracy Brown, the baby’s mother, and Thais Mitchell claim to have been seriously injured.

After the accident, Tracy Brown and Thais Mitchell filed a case in the New York Supreme Court against Kevin Mitchell, Budget-Rent-A-Car and Team Fleet Financing Corporation. Thais Mitchell appeared for himself and Tahani Roper, the baby who died. As for the defendants, their allegation was that Budget-Rent-A-Car and Team Fleet Financing Corporation were also liable for the careless driving of Mr. Mitchell.

Under the New York law, there is an explicit liability that is given to the vehicle owners for the negligence of driver’s who are using the vehicle with the owner’s permission. It does not matter if the accident occurs outside New York according to a Lawyer. With this in mind, you would think that Budget-Rent-A-Car and Team Fleet Financing Corporation are accountable for the accident.

Published on: June 14, 2012

Nora White filed a case against Carlos A. Diaz

by Stephen Bilkis

Nora White filed a case against Carlos A. Diaz with Agramonte and Manuel A. Nunez with Atlantic Paratransit. This is in connection to the injuries that she alleges, she suffered in the collision of the vehicles driven by Mr. Diaz and Mr. Nunez. A reporter found out that Ms. White was a passenger in Mr. Nunez’s vehicle as a driver for Access-a-Ride. She just got in the vehicle and was trying to put on her seatbeltthat was stuck when Mr. Diaz’s van hit the Access-a-Ride’s vehicle’s rear. Mr. Diaz admitted that he had fallen asleep behind the wheel.

On the side of Mr. Nunez, he said that he was double parked when the van rear ended his vehicle. This was in front of Ms. White’s building as he was waiting for her. He said there were no spots at the curb, and he was not able to find the entrance to the building’s parking lot. In his testimony at the deposition, a witness said, he was allegedly only there for about five minutes with the hazard lights on before Ms. White arrived. This was different from the testimony of Ms. White, that she was standing at the building’s entrance waiting when the van arrived, and that she immediately got in.

A source explained why the defendants consist not only of the driver’s but the companies that owned the vehicles. In New York, a person or a company that has given authority to another for the use if their vehicle is liable for any negligence of the driver while driving their vehicle. This does not apply in all States, but it is the one that is applied in New York.

Published on: April 9, 2012

Kathleen Stolarz and her husband were involved in a two-car auto accident

by Stephen Bilkis

Kathleen Stolarz and her husband were involved in a two-car auto accidentcaused by a bus on Route 6 in Woodbury, New York. This happened on February 18, 1989. A source found out that the vehicle that they were using was a company car rented by her employer Blue Cross/ Blue Shield. Blue Cross/ Blue Shield is a New Jersey company, and the car is registered in New Jersey. The car was insured by New Jersey Manufacturers Insurance Company. The policy given to Blue Cross/ Blue Shield was set to be consistent with the New Jersey law. Mr. and Mrs. Stolarz often garaged the vehicle at their home in Monroe, New York, which is just a few miles from the New Jersey border.

The insurance company of the other vehicle paid Mrs. Stolarz $20,000, which is the liability limit of the insured’s policy. This was disputed by Allstate Insurance Company, from whom the Stolarz’s got their personal car’s insurance from. They based their dispute from the underinsurance coverage of that policy. Mr. and Mrs. Stolarz demanded for arbitration. A source said, Allstate Insurance Company answered by filing for a special proceeding with the Supreme Court. New Jersey Manufacturers Insurance Company also disputed the amount that is payable and joined the proceeding to get a decision as to the obligations of the parties. Allstate Insurance Company settled with Mr. and Mrs. Stolarz and was not part of the appeal anymore.

New Jersey Manufacturers Insurance Company argued that in the insurance policy’s terms and the New Jersey law, they were entitled to offset the $20,000 which was given by the other driver to Mr. and Mrs. Stolarz from the $35,000 limit that was in the policy. Mr. and Mrs. Stolarz, said by a rep, countered this with the New York law offset clauses are void, and they should get the full amount. The court determined that with the conflict between the New Jersey law and New York law in this case, New York law should be the one to be followed with these injuries.