Articles Posted in Accidents, Personal Injury and Wrongful Death

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 Law, 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.
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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.

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 Law, 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 New York State Thruway Authority recently announced that 2009 was the safest year in the history of the interstate highway that runs from Buffalo to Albany, through Rochester, Syracuse, Utica, Herkimer and Schenectady.

According to New York State Thruway accident lawyers Bottar Law, PLLC, in 2009 there were more than 250,000,000 trips on the Thruway and 8,000,000,000 vehicle miles traveled. Despite heavy use, there were only 26 fatal accidents, resulting in 27 motorist deaths. Statistically, there were only .27 fatalities for every million vehicle miles traveled.

According to officials, the low number of New York State Thruway deaths is due, in part, to the Thruway Authority’s commitment to highway maintenance and snow removal, including an effort to prevent injuries from bridge and roadway failures. Also responsible for the decline in fatalities was a strong presence by law enforcement. In 2009, the New York State Troopers reported issuing more than 180,000 tickets to Thruway patrons.
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The New York State Department of Transportation announced last week that a portion of Route 81 within downtown Syracuse, New York, would be closed in order to prevent a car accident on Route 81.

According to Central New York building collapse attorneys Bottar Law, PLLC, an abandoned building located on the 900 block of North State Street is on the brink of structural failure. Because the building backs up to Interstate Route 81 North, if it were to collapse it may send bricks and other debris onto the roadway. Several northbound lanes of Route 81 North have been closed.

Officials at the NYSDOT stated “[w]e recognize that closing I-81 will be an inconvenience for motorists, but in the interest of public safety, we have no choice but to close the highway until this unstable building is demolished. Detours and signage will help people negotiate the alternate routes until we can be assured that I-81 is safe for travel.” The unstable building is scheduled to be demolished next week in order to avoid potential injuries arising out of a roof collapse, or compromised wall or foundation.
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