Articles Posted in Bus Accidents

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After a series of train derailments, fires, injury collisions, and fatal accidents, the Massachusetts Bay Transportation Authority (MBTA) has come under fire for what federal regulators called its “lax safety culture.” A “pattern of safety incidents” prompted the Federal Transit Administration (FTA) to conduct a months-long investigation into Boston’s rail transportation system. The review revealed overworked employees, issues with staffing, a lack of safety protocols, and a long backlog of maintenance cases. On August 31, the FTA ordered the MBTA to address 53 problem areas.

Recent MBTA Accidents

In the past year alone, multiple accidents on and around the T have resulted in injuries and deaths. The transit system has decayed over the course of decades, according to a report by WBUR highlighting the following high-profile MBTA accidents:

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As the school year nears, parents have a lot on their minds: new classes, fall sports practices, back-to-school shopping, and generally hectic schedules. But there is one thing you hope never to have to worry about: you or your children being hurt in a school bus accident. While school buses are among the safest modes of transporting students to and from school, accidents do happen.

School Bus Accident Facts

In Massachusetts, an estimated half a million public school students travel daily on 9,000 yellow school buses (School Bus Fleet). According to the Commonwealth of Massachusetts, most school bus-related injuries happen to people getting on or off a bus. Children aged 4-7 have the highest risk of suffering school bus injuries.

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School is back in session across Boston and throughout Massachusetts, which means that school buses full of children are back on the roads each morning and afternoon as they are taken back and forth from bus stops and the school yard. As uneventful as transporting children should be, on occasion terrible incidents can occur regarding impatient motorists hitting kids who are getting onto or off the school bus. If your child was harmed or even killed following such an incident, contact an attorney from the Cambridge personal injury firm of Altman & Altman LLP today.

Stopping for school bus loading/unloading is the law in Massachusetts

If you are a motorist traveling in a vehicle and you come across a school bus stopping, accompanied by the stop sign arm extending from the driver’s side of the vehicle with lights flashing, it is your legal obligation to stop your vehicle and wait until the stop sign arm has retracted and the school bus continues forward.

Failure to stop in such a situation, or illegally passing by a school bus that has come to a stop to let children on or off the bus, can result in a minimum $250 fine. That fine can climb as high as $2,000 and also leave the perpetrator with a suspended license for a whole year.

School bus passing can have deadly consequences

The school bus stopping law is one that exists for very straightforward, good reasons. Kids as young as five years old utilize the school bus to get to school each day, and some must cross busy streets to do so. Ensuring that traffic has stopped on both sides of the road is the only way to make sure that they aren’t put at adverse risk of being struck by a vehicle, which at their age is always a potentially life-threatening accident to suffer.

According to a national survey conducted by the National Association of State Directors of Pupil Transportation Services (NASDPTS), where 38 states and Washington D.C. responded to inquiries regarding how many school bus passing incidents occurred during a school year, as many as 15 million motorists will illegally pass a stopped school bus – which demonstrates how disturbingly common such an incident is, and how many children are potentially at risk from this reckless behavior.

Tragically, in just a six-month period between August 2018 and March 2019, 12 children were killed in the United States and another 47 injured as they simply tried to get on and off of their school bus. According to the NASDPTS study, 73 percent of the students killed over a 48-year period in the country were 9 years old or younger. Continue reading

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In November, five separate accidents involving school bus stops and distracted drivers resulted in the deaths of five children and injuries to six more. The tragedies, which occurred in Florida, Indiana, Mississippi, and Pennsylvania have prompted law enforcement officials nationwide to highlight the “huge problem” of distracted driving.

Three Children in One Family

Three of the fatalities affected one family in Rochester, Indiana; a nine-year-old girl and her six-year-old twin brothers were killed when they were struck by a pickup as they crossed the street to board their bus. Another child was airlifted to a local hospital. The driver of the pickup truck is facing charges for three counts of reckless homicide. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by the negligence of another.

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When we put our children on the school bus each day, we hope that the bus driver will be responsible, drive safely and look out for the best interests of everyone on board. Fortunately, background checks and driving-history screenings help to ensure that most bus drivers will do just that. But it’s far from a fool-proof system.

A recent tragedy involving a school bus accident resulted in the death of six-year-old Ariana Haynes. According to police reports, the school bus rolled onto its side after taking a left turn too fast, then attempting to veer to the right. Ariana was ejected from the bus and suffered critical injuries. She died in the hospital the next day.

According to Ariana’s parents, the negligent and reckless bus driver is responsible for their daughter’s death. As a result, they have brought a lawsuit against the driver and Houston County schools. The driver has been criminally charged with vehicular homicide and reckless driving. A Boston motor vehicle accident attorney can help you determine how to proceed if another’s negligence has caused you harm.

The lawsuit alleges that the bus driver’s use of excessive speed and failure to use caution, make a legal left turn and apply the brakes in a proper manner all contributed to Ariana’s death. The family is seeking damages, including punitive, from the bus driver and school district.

When a School Bus Accident Occurs, Who is Responsible?

A number of parties could potentially be liable in a school bus accident that causes injury or property damage. The nature of the accident and the underlying cause will factor heavily into making this determination. If a school bus accident occurs, the following parties may be responsible:

  • Driver
  • School district
  • Private school
  • Non-school operator of the bus: church, sports team, etc.
  • Private contractor providing transportation to a school or other organization
  • Manufacturer of the school bus
  • Parts manufacturer
  • Third party repair company
  • Entity responsible for roadway construction and maintenance, or design
  • Driver of another vehicle

When school bus accidents occur, it is essential to hire an experienced MA motor vehicle accident attorney because these lawsuits can become overwhelmingly complicated. And school bus accidents do occur. In fact, according to the National Highway Transportation Safety Administration (NHTSA), school buses account for more bus fatalities than any other type of bus, 37 percent to be exact. Even so, school busses are still the safest way for children to get to and from school.

Always Use Caution Around a School Bus

You can do your part to help prevent school bus-related accidents, by following the tips below.

  • When approaching a school bus stop in your vehicle, slow down even if you don’t see any children. Kids may dart into the street, especially when they’re running late.
  • Obey bus laws and familiarize yourself with the flashing lights system: yellow lights mean the bus is preparing to stop, red lights mean the bus is stopped and children are getting on or off.

Kids are 70 times more likely to get to school safely on the bus than via any other mode of transportation. If we all work together to ensure the safety of our children – to and from school, in school and at home – we can dramatically reduce the incidence of childhood injuries and death. Continue reading

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Last month a fatal charter bus accident killed three people in Queens, New York. This tragedy has called attention to a glaring, and growing, problem. Thousands of private bus companies with countless violations and terrible safety records continue to operate in the United States every day. While public transportation is closely regulated by local governments, private bus companies are not.

Dahlia Group, the bus line involved in last month’s fatal accident, has had two other fatal crashes. And the bus driver in the Queens crash, who is reported to have been speeding, has a past drunk driving conviction. As horrible as Dahlia’s record may sound, it’s far from the worst. Yep Tour is a private bus company currently operating in NYC. In the past two years, Yep has received more than 200 safety violations. Despite the fact that Yep has failed to pay more than $300,000 in fines, the city still issued a transportation permit to the Massachusetts-based company.

In the United States, there are currently more than 3,200 private bus companies, many of which have horrific safety violation records, and are notorious for overworking employees and overlooking vehicle maintenance. Unfortunately, these dangerous violations often go unnoticed until a tragic bus accident makes headlines. Budget bus companies certainly provide an in-demand service, but it shouldn’t come at the expense of riders’ lives. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by another’s negligence.

Public Transportation isn’t Always Safer

At least not when it comes to the Boston area. The Massachusetts Bay Transportation Authority (MBTA) has recently been in the spotlight for serious safety violations, injuries, and even fatalities. Crushing debt may be at least partially to blame. Trains catching fire, speeding and texting bus drivers, train collisions, and bus-pedestrian crashes are just a few of the high-profile accidents marring MBTA’s reputation in recent years. The transportation agency’s $7.3 billion repair backlog certainly isn’t helping. At about 1.3 million rides per day and counting, the MBTA is the country’s fifth-largest transit system, but funding is only a fraction of that of peer agencies.

“The problem we have is a problem of literally decades of disinvestment,” former Massachusetts DOT director Jim Aloisi told Streetsblog. A MA injury lawyer can help you recover damages if you’ve been injured in a bus accident.

Local Law takes a Back Seat to Federal Law

Despite MBTA’s checkered past, public transportation is generally safer, and held to higher standards, than private companies. California state lawmakers attempted to improve private bus line safety regulations last year, following a fatal charter bus crash that killed 10 people. When he proposed the addition of certain safety features, State Senator Ricardo Lara learned the hard way that federal law is king when it comes to private bus lines. Local laws took a back seat, and his requests for safety windows and better data keeping were replaced with markedly weaker legislation, such as requiring drivers to show passengers how to use emergency exits.

“It is frustrating that local legislatures can’t do more to make buses safer, even if it just means putting recommendations made at the federal level into state law,” said Mr. Lara. “We got the most we could with safety lights and training for passengers, but our hands were tied by outdated federal safety regulations.” Continue reading

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Drivers have been distracted since the first driver got behind the wheel of the first car. But the types and frequency of distractions have definitely increased since the advent of smart phones, navigational systems, and other hand-held devices. In fact, about 431,000 people were injured due to distracted driving in 2014 alone. A MA car accident lawyer can help you determine how to  proceed if you’ve been injured by a distracted driver.

The reality is, our entire life is at our fingertips (or rather, in our pockets) at all times. What better way to break up the boredom and monotony of a long drive than to text a friend, check your email or Facebook, or make a quick phone call? Unfortunately, taking your eyes or focus from the road, even for a few seconds, can be deadly. Even placing your smart phone on the dash or passenger seat can pose problems. When the phone lights up or dings to alert you to a text message or email, it’s hard to resist the temptation to glance at your phone.

Is Hands-Free Safe?

The best way to prevent distractions from smart phones is to keep your phone in your glove box, purse, or somewhere else that is not visible while you’re driving. If you absolutely must make a call, send a text, check directions, or read an email, pull over to a safe location or ask a passenger to do it for you. You can also use hands-free technology to make a call or send a text, but there is quite a bit of controversy surrounding the safety of hands-free devices; although they keep your hands on the wheel and your eyes on the road, a distracted mind can be just as dangerous.

How to Identify, and Avoid, Distracted Drivers

Even if you are the most responsible driver on the road, there’s no guarantee that the drivers with whom you share the road are also responsible. In fact, there’s a better chance that most of them have read or sent at least one text while driving. For this reason, it’s a good idea to pay close attention to the other cars and trucks on the road. Although you can’t always tell when a driver is distracted, there are several behaviors that can help you identify a distracted driver. Many of these behaviors are similar to those of intoxicated drivers. Avoid driving too close to a driver who is:

  • Drifting out of the appropriate lane and swerving to get back.
  • Slowing down without actively braking, when there doesn’t appear to be a good reason to do so.
  • Slamming on the brakes.
  • Driving erratically.

Proving that a driver was distracted at the time of an accident isn’t always an easy task. However, if you believe that a distracted driver crashed into you, the best thing to do is call the police. If law enforcement finds evidence that the driver may have been using a smart phone or other hand-held device, he or she can issue a citation. If you decide to file a personal injury claim, this citation can be of immense help to your case. The police report can also be used to build a successful case. Evidence of smart phone use while driving may include:

  • Usage records from the cellular carrier
  • Testimony from witnesses
  • Surveillance or traffic cam footage

An experienced Boston motor vehicle accident attorney will know how to look for evidence that can help you win your case. Continue reading

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Multiple deadly accidents involving duck boats have occurred in cities throughout the country over the past few years. Duck boats are amphibious vehicles originally used during World War II to transport goods and troops across land and water. In more recent times, duck boats have been transformed into the ultimate tourist attraction, sightseeing vehicles that can float in the water and drive down the road alongside cars and trucks. Currently, more than a dozen American cities have duck boat tours, and Boston is one of them.

Boston’s fondness for duck boats is understandable; they have been used in parades and to celebrate sports championships for years. In fact, the New England Patriots just celebrated their Super Bowl win by riding down Boston’s streets in two dozen duck boats.

A String of Fatal Duck Boat Accidents Has Raised Concerns

Unfortunately, not everyone in Boston – and across the country – is as fond of these land-water vehicles. In fact, some advocates want to see them banned altogether. Five college students were killed in Seattle in a duck boat accident in 2015. In Philadelphia, three people were killed in two separate duck boat crashes. And right here in Boston, a duck boat ran over 28-year-old Allison Warmuth, killing her, last year. A Boston injury lawyer can help you determine if you should file a personal injury lawsuit after any type of motor vehicle accident, including those involving duck boats.

Ivan Warmuth, the father of the young woman who was killed by a duck boat last year, believes the vehicles should be banned. According to critics, the massive vehicles are dangerous due to their current design. Drivers have to deal with multiple blind spots, more than with other motor vehicles, making it difficult to see the road directly below them. In addition, the drivers typically double as tour guides, pointing out and talking about various historical landmarks as they drive through Boston.

Improved Safety Measures in Boston

Warmuth’s parents are lobbying for new legislation that will improve the safety of duck boats. They have already seen some success; MA has passed a law requiring duck boats to be equipped with proximity sensors and blind spot cameras. In addition, duck boats are now required, by law, to have a second employee on board. This will prevent the driver from being distracted by having to narrate the tour while operating the vehicle.

Following the accident that resulted in Warmuth’s death, the National Transportation Safety Board examined video showing the driver turning in his seat to point to landmarks while driving. ‘‘I hear again and again from Boston Duck Tours and any of these other companies that safety is their No. 1 priority, and if that’s the case, you can’t argue that the safest way to operate the vehicles is for the driver to also be giving the tour,’’ said Kevan Moniri, who was a passenger on Warmuth’s scooter when the accident occurred. He says he realized, as the duck boat approached, that the driver could not see them in his path.

Less than three months after Warmuth’s fatal accident, a woman from New Jersey was seriously injured when a duck boat struck her on a Boston street. If another’s negligence has caused harm to you or a loved one, you may be able to recover damages by consulting with a MA injury lawyer. Hopefully, duck boat tour companies nationwide will take the proper safety measures to reduce the risk of serious injury and death. In the meantime, consider the risks before taking a duck boat tour, and use caution when approaching a duck boat as a cyclist, passenger, or while operating a motor vehicle. Continue reading

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A school bus carrying over 30 elementary school students experienced a wild crash in Quincy on Tuesday, Oct. 25 and is now under investigation to determine the cause of the accident. Seven people were taken to the hospital with minor injuries and returned home later the same day, including five kids, the bus driver and a driver of an SUV that was struck during the crash.  During the potentially-deadly crash, the bus hit the SUV and knocked down overhead wires, a brick wall, a wooden fence, a U.S. Post Office mailbox, and sent a fire hydrant flying 100 feet into somebody’s front law as it traveled out of control for what was described as “the length of a football field.” Respondents to the scene remarked that it was incredible that nobody was seriously injured in the scary event that “looked like a tornado had touched down.”

The crash was clearly not as disastrous as it could have been, and now investigators will look into how the bus wound up so out of control for so long. Unfortunately, there were no security cameras on board the bus to provide a glimpse into the moment it went out of control.

Students likely jarred by the event

Reporters and first respondents who spoke to parents and some of the students on the bus tell stories of the fear experienced during the crash.  “Everybody was screaming really loud,” said one of the students on the bus, as reported by WCVB. “I’m just thankful we didn’t have any worse injuries,” Thomas Koch, mayor of Quincy, said. “When you look at the scene here, it’s devastating; so we’re blessed.”  The students involved spanned from kindergarten through fifth grade. They were either headed home or headed to an after-school music program at Quincy High School. After the crash, they were escorted off the bus safely to a local restaurant and were picked up by their parents.

Now the Quincy Public Schools are making counselors available for any students who may need them, and either the principal or assistant principal of the elementary school will ride with kids on the bus for as many days as it takes to get kids comfortable with riding the bus again. Any student involved was not expected to return to school the following day. Continue reading

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Operating within a metropolitan area unparalleled by its surroundings, the Massachusetts Bay Transportation Authority (MBTA) is responsible for transporting millions of people with its trains, buses and ferries every day. Anyone who has ever spent serious time in Boston or its surrounding area has an almost intimate knowledge of “The T.”  As is often the case, we usually take this massively complex operation for granted as we put in our earbuds and zone out during a morning or afternoon commute. However, the MBTA deals with thousands of transport vehicles carrying, as was reported in 2008, 1.3 million riders per day. It is probable that the number of riders has only risen in recent years.  As a result of this massive and regular migration of people, accidents will happen. What matters most, however, is distinguishing the difference between an honest accident that occurs when dealing with such a delicate and widespread entity such as the MBTA, and an accident that occurs as the direct result of the organization’s negligence.

When would the MBTA be at fault?

If you’re riding the green line, headed into the downtown for another day of whatever job you have, or you’re going towards Brighton or Brookline at the end of a long day, and the conductor blows by a stop light and collides with another train – which happened in May of 2009 – then the MBTA and the operator are directly liable for any pain, suffering or medical expenses that result from that negligence.  If a subway station is left in a condition that is hazardous to its patrons, the MBTA is liable. For example, if stairs are left slippery during the winter due to ice, or if a spill is left near the tracks, and somebody slips and falls, the MBTA is liable.

In another case, a green line operator fell asleep while driving a train in 2008 and collided with another train. It was revealed that the operator has sleep apnea, which is definitely a condition that should be on the watch list for the MBTA while hiring people to operate massive machines at various hours of the day and night.  In other cases, the MBTA technology can fail. Mostly everybody who has spent time commuting in the Boston area has heard stories of subway and commuter rail trains literally catching on fire. In some cases, the malfunctioning trains have filled the cabins with smoke, causing riders great discomfort and potential harm. Continue reading

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