Philadelphia Car Accident Lawyer Blog

On February 16, 2010, I wrote a blog addressing the safety issues of school buses on snow and ice covered roads. As a witness to two accidents yesterday, I expressed my concern that even though four wheel drives and SUVs were unable to traverse the highways, school buses were carrying our precious cargo and that transportation officials and school administration officials should be most diligent with regard to the conditions of the roads.

Unfortunately, a 26-year old Pennsylvania man was killed on February 17, 2010 when his vehicle slammed into a school bus at the entrance to the Perkiomen Valley Middle School west of Lower Frederick Township. According to news sources, the fatality was identified as Richard Taylor, 27, of Gilbertsville, Pennsylvania. The car’s driver, Fred Carroll, of Perkiomenville had to be cut out of the mangled 1999 Honda Civic and was flown by helicopter to Hahnemann University Hospital in Philadelphia. Pennsylvania State Police are investigating to determine the cause of the accident. Five students were treated for injuries by the school nurse. Our hearts and prayers go out to the family of Richard Taylor and the others injured in this tragic accident. It is not clear from the news report who or what caused this school bus accident in Pennsylvania.

Bus companies, whether they are private or public carriers, owe their passengers the utmost duty of care which means that they must ensure that all passengers are transported safely. If the driver of the other vehicle was determined to be at fault, then he could be held liable for the victim’s wrongful death. In such cases, all of the victims would be well advised to seek the counsel of a reputed Philadelphia catastrophic injury and car accident lawyer who would make sure that their rights are best protected and that they get fair and proper compensation for any injuries and loss. It would also be in the best interest of these accident victims not to talk to any insurance adjusters or attorneys or other parties before they have consulted with their own catastrophic injury and wrongful death lawyer.

On the morning of February 16, 2010, I decided the roads were too snowy and ice covered to drive to work in my normal fashion so I decided to take the train which is approximately a mile and a half from my home. On the way to the train station, I noticed two school bus accidents and was curious as to why school openings were not delayed or what the heck the school buses were doing on the snowy roads without chains or their proper traction devices while we were entrusting the safe transportation of our precious cargo to these carriers.

In the last few days, there have been many crashes involving school buses in Pennsylvania as well as throughout the northeastern part of the United States. This morning the snow was falling and the roads were ice covered and the roads were slippery even for a four wheel drive vehicle let alone a vehicle such as a school bus with a high center of gravity and no seat belts. As a matter of fact, just last week an SUV collided with a school bus in the Scranton area of Pennsylvania. The Pennsylvania State Police noted that slick roads played a role in the crash. 35 children grades kindergarten through 5th grade were aboard the school bus when it collided with a Ford Explorer. As a concerned parent whose student must travel a number of miles to school, I was concerned today that my child’s school did not have a two hour delay in view of the hazardous and icy road conditions. It would have been much better if school was delayed two hours so my son did not have to board the bus at 7:00 a.m. when our roads were slick and rush hour traffic was beginning to build. It is scary and frustrating for a parent to have to put a child on a school bus in such conditions, and as a parent, I do not like to see delays but also believe that the school districts and school personnel have to err on the side of caution. I attempted to contact the local school bus company. I was referred to the school administration and Superintendent who were unable to be reached for comment. When children are involved, road conditions and weather must be closely monitored which may require the Transportation Director or Superintendent to drive the roads in the district prior to making the important decision of whether or not to issue a delay warning.

The experienced Philadelphia car accident and school bus accident lawyers at Reiff and Bily are all too familiar with children and school bus accidents. If your loved one has been injured in such an incident, please contact one of our experienced lawyers for a free, no obligation consultation.

A school bus crash in Hartford, Connecticut last weekend, resulting in the tragic death of a teenager, brought further attention to the topic of equipping school buses with seat belts. The topic engenders a debate between those who argue seat belts would cost too much versus the safety concern for protecting children. The school bus industry is quick to point out that school buses are already among the safest vehicles on the road due to the compartmentalizing of the occupants and argue that school buses are approximately 7 times safer than passenger cars and trucks. Many experts, as well as product liability lawyers (including this writer) demand that legislators take a closer look at requiring seat belts on school buses.

It is interesting to note that small school buses with gross vehicle weight of less than 10,000 lbs. are required to be equipped with lap/shoulder belts at all designated seats. However, the school bus industry points out that lap belts have been proven to cause abdominal injuries in crash victims. Whenever a crash occurs where a student is killed due to the lack of seat belts, the school bus industry is quick to claim that it is an isolated tragedy. The truth is that every time a child is lost, the loss could have been prevented by the use of a seat belt installed for minimal cost. This truth is added to the fact that bus drivers have seat belts and are required to wear them. The cost benefit and responsibility analysis must be made and in this writer’s opinion all school buses should have seat belts on all new models and such belts should be retrofitted to all older models.

At the Philadelphia school bus accident law firm of Reiff and Bily, we have over 30 years experience investigating and litigating catastrophic school bus accidents and car accidents. We are committed to promoting the rights of motorists and consumer safety.

As an experienced Philadelphia school bus accident lawyer, I have been closely following the national seat belt debate with regard to students on school buses. Personally, I have been an advocate for seat belt requirements on school buses. However, the school bus industry and its lobbyists state that in a rollover situation or an extreme emergency, i.e. fire or collision, the driver would be challenged to unfasten 40 to 50 seat belts and claim that seat belts do more damage than good. The school bus industry alleges that school buses are created with enhanced structures for protection including high seat backs and cushions to protect students on impact.

A currently proposed Minnesota statute would require school buses purchased after December 31, 2010 to be equipped with approved three point lap/shoulder belts in each passenger seating position. All students would also be required to use the seat belts unless the school district received notification from the child’s parent or guardian. The statute further notes that in case of wrongful death lawsuits no school district, school bus driver, school personnel, or volunteer could be found liable for failing to assist the student with adjusting, fastening, or unfastening a seat belt on the bus.

I will be curious to follow this debate, as well as debates of other states where such proposals have been initiated. Personally, I believe that all school buses should be required to have seat belts when they carry our precious cargo.

A serious school bus accident on Tuesday, December 8, 2009 involving two school buses in Oklahoma raises the question once again as to seat belts. As I have written in my previous blogs, Federal law does not require school buses to be equipped with seat belts. Certain states, such as California, New Jersey, New York and Florida, have passed laws to place seat belts on all school buses. By 2010, all buses purchased in Texas will be mandated to have seat belts as well.

As a school bus accident and rollover attorney, it is our belief that seat belts would restrain students and prevent occupant ejection and catastrophic injuries that often occur. The school bus industry and its lobbyists state that in a rollover situation or an extreme emergency (fire or collision) the driver would be challenged to unfasten 40 to 50 seat belts and claimed that seat belts do more damage than good. The industry is always alleging that school buses are created with enhanced structures of protection including higher seat backs and cushions to protect students upon impact.

The experienced bus accident and rollover attorneys of Reiff and Bily have investigated many accidents where our experts have determined that the addition of seat belts would be a prudent measure to prevent catastrophic injuries and fatalities in school buses.

As an experienced school bus accident lawyer carefully studying trends with regard to school bus accidents, I am noticing a disturbing and unfortunate trending spike in school bus accidents. Contributing factors that are causing a spike in car accidents and resulting school bus accidents is the distraction of drivers due to sending text messages or talking on cell phones while driving. Statistics indicate that approximately 6 children were fatally injured inside school buses annually and another 16 fatally injured as pedestrians in the loading and unloading process around school buses annually.

The week of October 19th is National School Bus Safety Week. Every day 23 million children across the United States ride school buses and among the many topics to be discussed or shared is the continuing use and inattention to the road by drivers talking on cell phones and by those sending text messages and not paying full attention to the precious cargo at hand on school buses.

If you or a loved one has been injured as a result of a school bus accident, please contact one of our experienced school bus accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

Every year in Pennsylvania over 30 thousand school bus drivers log more than 3.5 million miles transporting our precious cargo. Although Pennsylvania state authorities note that school buses are already the safest vehicles on the road, this experienced Philadelphia school bus accident lawyer would argue otherwise. According to the National Highway Traffic Safety Administration (NHTSA), it has been determined that seat belts would not significantly improve safety on school buses and that crash protection is provided through a concept known as compartmentalization.

Unfortunately, in my school bus accident law practice, I do not believe that this is the case. It is interesting to note that many school buses, those with a gross weight rating less than 10,000 lbs., must be equipped with lap or lap/shoulder belts in all designated positions. There is a 10 foot area around a school bus known as the danger zone in which the school bus driver cannot see people or objects. Although failing to stop for a school bus with its red lights flashing could cost a motorist a six day license suspension, according to the Pennsylvania Department of Transportation, many times this is not the case.

Continue reading "School Bus Safety, Seat Belts, And The Danger Zone In Pennsylvania" »

Almost a year ago, my client’s daughter was sitting on a school bus mid-week on her way to school when the school bus was broadsided by an uninsured vehicle that ran a red light. At 8:30 a.m. on this school morning, the child’s life was altered forever. She sustained a traumatic brain injury as a result of being thrown into the window which cracked upon the impact of her head. There were no injuries to the driver of the uninsured vehicle. Yet, all of the students on the school bus had to be transported to a local hospital.

Unfortunately despite the fact that the National PTA and multiple physician groups and other safety groups are demanding improvements on school bus design, including but not limited to seat belts on school buses, the basic design of the large yellow school bus has not been changed since 1977. The simple fact of the matter is that seat belts would save lives if installed on school buses as a school bus is no different than any other motor vehicle yet carries our most precious cargo.

Continue reading "Uninsured Car In Philadelphia Runs A Red Light Striking A School Bus Causing Traumatic Brain Injury To Child On Bus - Improvements Called For On School Bus Design And Safety" »