Syracuse Injury Lawyer Blog

On the heels of the September 11, 2010 Syracuse Megabus crash, which resulted in the wrongful death of Ashwani Mehta (34), Deanna Armstrong (18), Kevin Coffey (19) and Benjamin Okorie (35), as well as injury to dozens, a second double-decker Megabus was involved in an accident with a Southeastern Pennsylvania Transportation Authority (SEPTA) vehicle in University City, a Philadelphia neighborhood.

According to Syracuse personal injury lawyer Michael A. Bottar, Esq., the second Megabus accident in as many weeks occurred at around 3:15 a.m., near the the 30th Street Station. Apparently, a cargo hatch on the Washington-bound M21 bus opened as the bus turned onto Market Street. The open hatch door then struck a SEPTA work truck. The door was torn from its hinges. Even though the bus was carrying approximately 60 passengers, no one was injured.

In the wake of the Syracuse crash, Dale Moser, president and chief operating officer of CoachUSA, stated that Megabus is "a safe company. We're not a fly-by-night company." According to the Federal Motor Carrier Safety Administration (FMCSA), Megabus' safety record is "satisfactory." Per the FMCSA database, Megabus had a total of four accidents involving two injuries and no fatalities in the 24 months before the September 11, 2010 Megabus road accident.

The Bottar Leone, PLLC, legal team is handling several Megabus injury claims and will continue to keep the public current on the status of its investigation and relevant developments.

As Syracuse bus accident lawyers, the Bottar Leone, PLLC legal team has been following and investigating the cause of the September 11, 2010 Megabus crash involving a low-clearance train bridge in Liverpool, New York. Shortly after the 2:30 a.m. crash, we issued a press release entitled Syracuse Bus Accident Lawyers Report On September 11, Coach Megabus Collision With Low-Clearance Train Bridge in Liverpool New York and, as we will be representing several injured in the crash, have been following the incident and related matters closely.

Should a claim exist against the Town of Salina, County of Onondaga or State of New York, there is limited time remaining to file the appropriate paperwork. Except in the case of wrongful death, the injured have only 90 days. In addition, there is limited time remaining to file New York State No-Fault paperwork in order to ensure that Megabus' insurance company pays for all medical bills and lost wages arising out of the crash. Generally, No-Fault claims must be filed within 30 days of the date of an accident.

On the heels of the September 11, 2010 Megabus tragedy, the United States Department of Transportation (DOT) has released new distracted driving regulations. Under the new rules, commercial truck drivers are prohibited from texting while transporting hazardous materials. Likewise, commercial bus and truck drivers are prohibited from texting on the job. These rules should lead to a decrease in Syracuse distracted driving accidents.

Also, on September 21, 2010, the National Highway Safety Administration released data concerning its pilot enforcement programs, including the Syracuse-based program known as "Phone In One Hand, Ticket In The Other." Syracuse police have issued nearly 4,500 tickets as part of the program, resulting in a 38% decline in hand-held cell phone use in Central New York. The program has also resulted in a 42% decline in texting while driving in Syracuse.

Continue reading "Four Syracuse Bus Accident Injured Hire Syracuse Wrongful Death Lawyers Bottar Leone, PLLC" »

As Syracuse bus accident lawyers, we were the first Central New York personal injury law firm to discuss the September 11, 2010 Megabus accident in Liverpool, New York. In our blog post, entitled Syracuse Bus Crash Lawyers Review New York CSX Bridge Accident in Onondaga, and our press release entitled Syracuse Bus Accident Lawyers Report September 11 Coach Megabus Collision With Low-Clearance Train Bridge In Liverpool New York, we commented on various aspects of liability for the wrongful death of four and injury to dozens, including reports that the bus driver was using a personal GPS at the time the 13'0" tall bus collided with a 10'9" high train bridge.

Since that time, distracted driving in Syracuse has received a great deal of attention. Under particular scrutiny are New York public transportation drivers. Last week, the Metropolitan Transportation Authority cited 178 bus drivers for distracted driving. Infractions included text-messaging, eating and even reading while driving bus passengers through city streets. Transportation Secretary Ray LaHood is reportedly holding a Distracted Driving summit this week. Reports suggest that Secretary LaHood will be stressing rules that prohibit bus drivers and truck drivers from texting on the job, as well as rules that prevent train engineers from using cell phones and other electronic devices while operating passenger and freight trains.

Continue reading "New York Distracted Driving Summit Scheduled To Follow Syracuse Bus Accident Involving Megabus and Liverpool Train Bridge" »

Bottar Leone, PLLC, was the first Syracuse personal injury law firm to comment on the September 11, 2010 Megabus accident in Syracuse, New York by way of a press release entitled Syracuse Bus Accident Lawyers Report on September 11 Coach Megabus Collision With Low-Clearance Train Bridge in Liverpool New York .

Over the past week we have been contacted by several individuals injured in the Syracuse bus accident, each with questions about what to do now to ensure that they can be compensated down the road for a constellation of injuries, including lacerations, broken bones, scarring, emotional injury and lost loved ones. Many of the injured have been unable to sleep since the accident. As we told those we will be representing, if each has a "serious injury" as defined by New York State Insurance Law Section 5102, each can recover from those found negligent for "pain and suffering," as well as lost wages and property damage.

In an effort to keep the public informed about short deadlines that may limit their right to recover from various municipalities and/or governmental agencies, such as Onondaga County and New York State, we posted several blog posts aimed at educating the public on filings known as a "Notice of Intention to Claim" and "Notice of Claim." Those posts are entitled: (1) Syracuse Tour Bus Accident Involving CSX Train Bridge Causes Injury To Dozens; (2) Syracuse Bus Crash Lawyers Review New York CSX Bridge Accident In Onondaga; and (3) Syracuse Bus Accident Lawsuit Deadlines Per New York Injury and Wrongful Death Lawyers. Also, in connection with our own investigation into liability surrounding the crash, which included review of the Bus Crash Causation Study Report To Congress, we issued a second press release today, entitled Syracuse Bus Crash Lawyer Updates Megabus Injured on Potential New York State Liability for September 11, 2010 Bridge Accident.

We will continue to do everything we can to ensure that the rights of the injured are protected. Those injured in the accident should contact a Syracuse attorney experienced in bus accident cases immediately.

Yesterday's tragic bus crash in Syracuse has been the focus of nationwide news coverage, including our blog entries entitled Syracuse Tour Bus Accident Involving CSX Train Bridge Causes Injury To Dozens, and Syracuse Bus Crash Lawyers Review New York CSX Bridge Accident In Onondaga, as well as a press release by the Syracuse accident lawyers of Bottar Leone, PLLC.

At 2:30 a.m., on Saturday, September 11, 2010, a Megabus TD925 Double Deck Intercity Coach, measuring 13 feet tall, collided with a low-clearance CSX train bridge over Onondaga Lake Parkway. The train bridge height is 10 feet, 9 inches.

According to recent reports, four passengers lost their lives in the accident, including a Temple University student and a man believed to be from Nigeria or Malaysia. 25 others survived the crash with the low-clearance train bridge, although many suffered serious injuries.

Coach Megabus posted on Twitter that it is "carrying out a full investigation into the accident, as well as assisting the police and other authorities in any way that we can." Anyone injured in the accident must know that it should not wait for Megabus to complete its investigation before they contact a New York bus accident attorney because, if Onondaga County or other municipality shares liability for the accident for failing to ensure that the roadway was properly marked, General Municipal Law section 50-e(1) states that a document called a Notice of Intention to Claim must be served within 90 days after the claim arises. There are limited exceptions. Claims against the driver of the bus, Megabus, Coach, USA, and CSX should be governed by provisions of New York's Civil Practice Law and Rules, and New York's Estates, Powers and Trusts Laws.

Continue reading "Syracuse Bus Accident Lawsuit Deadlines Per New York Injury and Wrongful Death Lawyers" »

At 2:30 a.m. this morning, a double-decker bus heading from Philadelphia to Toronto, with stops in Syracuse, New York, and Buffalo, crashed into a CSX railroad bridge located over County Route 370, also known as the Onondaga Lake Parkway. The Syracuse bus crash caused the death of four passengers. Several others were injured in the Onondaga highway bus accident and have been transported to area hospitals, including Syracuse University Hospital.

According to Syracuse roadway defect lawyer, Anthony S. Bottar, Esq., this is not the first time that a bus or truck has made contact with the low-clearance railroad bridge that passes over the Parkway. While CR 370 has signs and lights warning motorists of the low-clearance bridge, accidents occur there almost on an annual basis. According to Syracuse bus accident lawyer, Michael A. Bottar, Esq., "given the number of accidents that occur at this location, we are concerned about whether the bridge signage is adequate and whether the County and others have taken appropriate steps to ensure that the roadway is safe for motorists, especially those from out of town."

Many trucking and bus companies are aware of the low-clearance bridges and plan routes around the Parkway to prevent contact with the bridge's sub-structure. Several websites mark low clearance bridges in New York State, including this site managed by the American Independent Truckers Association. According to Megabus company executives, the bus was off of its scheduled course at the time of the accident. Megabus is operated by Coach, USA.

If you or a loved one were injured in this morning's Coach Megabus Parkway accident, please note that you may have only 90 days to file paperwork to preserve your right to seek compensation from Onondaga County or other municipality.

Since 1983, the Bottar Leone, PLLC legal team has prosecuted complex bus, truck and roadway defect cases, including instances where poor signage or negligent design caused severe personal injuries and death. Examples of our mass casualty cases can be found here, including the 2002 Marcy Bridge collapse, which globally resolved for more than $15,000,000.00, and the 2006 I-88 Binghamton landslides, with litigation ongoing. To speak with our team, contact us.

Early this morning the passengers of a Megabus tour bus headed from Philadelphia to Toronto, with scheduled stops in Syracuse, New York and Buffalo, were injured in yet another accident involving the low-clearance train bridge that crosses over Onondaga Lake Parkway.

According to the Syracuse roadway accident lawyers at Bottar Leone, PLLC, the accident occurred around 2:30 a.m. on Onondaga Lake Parkway, which is also known as County Route 370. The Parkway is a high traffic roadway that runs parallel to Onondaga Lake. It is owned by the County of Onondaga. Even through accidents involving the low-clearance bridge have been occurring here for years, the County of Onondaga has not taken steps to eliminate the risk of collision.

Syracuse accident lawyer Anthony S. Bottar, Esq., commented that "the County has been on actual notice for years that the train bridge presents a hazard to motorists, but it has failed to eliminate the risk of injury to commercial vehicles utilizing the roadway." New York dangerous roadway lawyer Michael A. Bottar, Esq., added that the the parties likely responsible for the injuries are the driver of the truck and his employer, the bus line. However, the County may share some fault. "For example, the County has not closed the parkway to traffic other than passenger cars and trucks despite what may be dozens of accidents. Instead, it has allowed the roadway to remain open to all traffic with little warning to unwary drivers about the well-known bridge hazard." Bottar added that he has heard local residents refer to the low-clearance railroad bridge as "the can-opener."

The individuals and families involved in the accident should contact a Syracuse accident lawyer immediately, as there is limited time to file appropriate papers against the County -- perhaps as few as ninety (90) days.

Contrary to what you see on television or hear on the radio, not all accidents involving a car and bicycle can be blamed on the driver of the car. According to Syracuse accident lawyer Michael A. Bottar, Esq., you cannot sue a car driver for personal injury just because there is contact between a car and a bicycle.

A perfect example is a Syracuse bicycle accident incident that occurred yesterday afternoon, at the intersection of Burnet Avenue and Thompson Road. At or about 5:00 p.m. yesterday, a car was driving south on Thompson Road and a bicycle was traveling east on Burnet Avenue. The driver of the car had the green light before the crash occurred. While no tickets were issued. the crash remains under investigation.

In order for the bicyclist to bring a claim for personal injury, the driver of the car must be at fault and he must have sustained a "serious injury" as defined in Section 5102 of the New York State Insurance Law, which is an injury that:

"results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment."

Continue reading "Syracuse Car Bicycle Accident Reviewed By Central New York Injury Lawyers" »