The death of Daniel Fernandez made headlines not only in New York, but across the country because of the horrific details of the incident. On August 31, 2012, 16-year-old Fernandez along with about 60 other teens was riding in a double-decker limousine bus operated by Designer Limousines. The group was traveling from St. Francis Preparatory School in Queens to Garfield, New Jersey where a birthday party was to take place. According to details published in the New York Post at about 6:30pm Fernandez stuck his head out of the emergency hatch of the bus just as it was about to travel under an overpass. Fernandez's head struck the overpass. His shocked friends alerted the driver as to what happened and tried desperately to save Fernandez's life. Unfortunately, Fernandez did not survive. Limousine bus accidents occur for many different reasons. Regardless of the reason for an accident, the victims have the right to hold the negligent party who caused the accident accountable. If you or a family member was injured in a bus accident involving a limousine bus or a party bus, it is important that you contact an experienced New York limousine bus accident lawyer at the Law Offices of Stephen Bilkis & Associates right away who will review the details of the accident and explain to you the process for seeking compensation from those responsible for the injuries you suffered.
Causes of Limousine Bus AccidentsA limousine bus is a specialty limousine that can carry large groups and is equipped with amenities such as reclining seating, sofas, entertainment systems, special lighting, restrooms, and ice coolers. They have been described as vehicles that from the outside have the appearance of a bus and in the inside have the appearance of a limousine. Limousine buses are also referred to as limo buses or party buses. People typically hire limousine buses for special celebrations such as birthdays, graduations, proms, bachelor parties, and bachelorette parties. Such buses are particularly popular with young adults and teens, as well as with celebrities as they allow celebrities to comfortably travel to and from events with their often large entourages of friends. Just like any other type of accident involving a vehicle, there are many different factors that can lead to an accident involving a limousine bus. In some cases the negligence of the bus driver leads to the accident. In other cases the driver of another vehicle acted negligently. In still other cases the actions of a passenger on the bus in some way contributed to the accident.
Driver fatigue. According to the National Highway Traffic Safety Administration driver fatigue is a factor in 100,000 vehicle collisions each year. Industry periodical, Limousine, Charter & Tour Magazine, acknowledges that driver fatigue is a significant problem for bus drivers and is the cause of many serious accidents. Federal regulations have strict rules on the amount of driving and the amount of rest a driver must have. Under the rules, a driver is limited to limits of 11 hours driving in a 14-hour period followed by 10 hours of rest. However, in some cases drivers falsify driving logs. In other cases drivers do not actually rest when they are supposed to so that show up for work already tired. Fatigued drivers sometimes fall asleep at the wheel. In other instances fatigued drivers stay awake, but are not fully alert. For example, fatigue impairs reaction time, judgment and vision, making it difficult for drivers to react to other vehicles or judge road conditions. Signs that a limousine bus driver may be fatigued include the driver drifting into another lane, missing exits, appearing to be confused, drinking a lot of coffer or energy drinks, and frequently yawning.
Distracted driving. While distracted driving can be described as a driver focusing on anything that causes that driver to take his eyes off the road or to mentally turn his attention away from driving, the term typically refers to driving while using a cell phone or other portable electronic device. Like in most states, in New York it is illegal to drive a car, bus or other type of vehicle while using a portable electronic device. Portable electronic devices include cell phones, tablets, and laptop computers. "Using" a portable electronic device is defined as not just talking on a handheld phone, but also typing or sending text or email messages, browsing the internet, taking photos, or playing games.
In the case of a limousine bus, drivers can also be distracted by what is going on the bus. Passengers may be loud and unruly. The noise level may be high with the voices of the passengers, loud music, and sounds from a television or video game system. The addition of alcohol can make the situation even more distracting. Particularly in the case of a bus caring teens, failure to have an adequate number of chaperones can lead to driver distraction and accidents.
Poor maintenance. As an experienced New York limousine bus accident lawyer can explain, the law requires that owners and operators of bus companies properly maintain their vehicles. This means that the limousine buses must be regularly serviced and that the bus companies must keep records proving that they properly maintain the buses. If a bus is not properly maintained and as a result it malfunctions and causes an accident, then the bus company would be liable.
Intoxicated driving. The problem of drunk driving is not limited to drivers of private cars. Drivers of commercial vehicles such as buses also break the law and drive while intoxicated with tragic results.
Other traffic violations. Failure to follow almost any traffic rule can lead to a serious accident. For example, many bus accidents have been caused by speeding drivers. If the police issue the bus driver a ticket, that is strong evidence that the driver's negligence caused or contributed to the bus accident.
Third party behavior. Of course, not all limousine bus accidents are the fault of the bus driver, bus company, or bus passengers. In some cases a third party causes the accident. For example, in June 2014 comedian Tracy Morgan was severely injured and another passenger killed in a limo bus accident when the limo bus they were traveling in was hit by a tractor-trailer. According to CBS New York the driver of the tractor-trailer, Kevin Roper, may have been speeding and driving after having little sleep in the previous 24 hours. In 2016 Roper pled guilty to charges related to the accident.
Common Limousine Bus Accident InjuriesBus accidents can be quite violent, leaving victims with severe and devastating injuries. The type of injury a victim suffers depends on multiple factors such as the type of accident, whether or not the bus was moving and how fast, and where the victim was when the accident occurred.
Even with eyewitness testimony it is not always clear as to why an accident occurred and who should be held legally and financially liable. However, an experienced New York limousine bus accident lawyer will evaluate the evidence at the accident scene, interview witnesses, review police reports, and analyze other evidence in order to make a determination of fault. In a limo bus accident the actions of the bus driver, another driver, a passenger, the victim, or a combination of more than one person could have contributed to the accident. If the accident was due to the negligence of the limousine bus driver, then the victims can seek compensation from the bus driver and the owner or operator of the limousine bus company. If the bus malfunctioned, the victims may be able to recover damages from the manufacturer of the part that malfunctioned.
After an accident that results in serious injuries, law enforcement will review the scene of the accident to make a determination of fault. There are several factors that may be considered in determining fault.
By recounting the tragic accident that resulted in the death of Daniel Fernandez, we are not suggesting that Designer Limousines was at fault for the accident or that Designer Limousines limo buses are inherently dangerous. For some the initial instinct may be to blame Fernandez. After all, he opened the emergency hatch and stuck his head out. However, an accident case is rarely that straightforward. While we do not represent the family of Daniel Fernandez or anyone else involved in this accident, based on the information included by the New York Post there were certainly issues that the investigators likely reviewed in determining fault.
If you were injured in a limo bus accident, or if a family member was killed in a limo bus accident there are several types of damages that you can seek from the negligent parties through a personal injury or wrongful death lawsuit.
While most limo bus excursions occur without incident, on occasion accidents do occur. While a limo bus accident may have some similarities to an auto accident, there are nuances to handling a bus accident that only an experienced limousine bus accident attorney serving New York will understand. If you or a family member were injured in a limo bus accident, contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. We are here to help. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Staten Island, Bronx, Brooklyn, Long Island, Suffolk County, and Westchester County.