Parents and teens across the country were shocked at the death of a 16-year- old Sayreville, N.Y., student aboard a party bus over the Labor Day weekend. It now appears as though the bus may have been operating illegally from the moment it crossed into New Jersey.
The student, who was set to begin his junior year of high school at St. Francis Prep in Queens, N.Y., was onboard the bus with approximately 65 other teenagers who were headed to a sweet 16 party in Garfield, N.J. The bus, which advertises that it is the “largest double-decker party bus in the country”, had just crossed over the George Washington Bridge from New York when tragedy struck. The teenager stuck his head out the emergency hatch on top of the bus and struck the underside of a highway overpass of Interstate 95. He was pronounced dead at Hackensack County Medical Center. At the time of the accident, there was one security guard onboard the bus; however, he was on the lower level when the accident occurred.
According to authorities, the party bus was three inches over the 13 feet, 6 inches maximum height limit for passenger buses in New Jersey. In addition, the bus was in violation of the maximum length allowed on New Jersey roadways by three feet. Those same height and length limits also apply in New York; however, bus operator Designer Limousine was allowed a “special hauling permit” last year after it initially was put out of commission by the New York Department of Transportation. In addition, those special permits expired at 11:59 Friday night, which means the bus would also have been in violation of New York law upon its return.
Although there is not an applicable regulation or law that requires the bus to have a specific number of staff members onboard, questions have been raised about whether one security officer was enough for a double-decker bus of 65 teenagers.
At this time, Designer Limousine has not been issued any traffic citations or violations; however, the National Transportation Safety Board has been investigating the fatality.
Only a thorough investigation by the proper authorities can determine whether anyone’s negligence played a role in the teen’s death. However, some basic legal principles apply in any case in which family members seek compensation for a death that was someone else’s fault.
Surviving family members may be entitled to file a wrongful death lawsuit against anyone that they feel was negligent in their loved one’s death. Negligence is a legal term referring to responsibility or fault. For a defendant to be found negligent, four basic elements must be met. First, the defendant must have owed a duty of care to the victim. Second, the defendant must have breached that duty of care. Third, the breach must have caused, or contributed to, the accident. Finally, the victim must prove that he or she suffered damages as a result of the negligence. When a survivor files a wrongful death lawsuit, he or she may be entitled to compensation for the loss of the victim. The type of compensation depends on the state where the lawsuit is filed.
Contact an Experienced New York/New Jersey Injury Attorney
If you have lost a loved one in a New York or New Jersey bus accident, contact the New York/New Jersey bus accident attorneys at Ginarte Gonzalez & Winograd to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-446-2783 for your free consultation or fill out our online contact form.