San Francisco City Bus Strikes And Kills Pedestrian

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Posted on 23rd April 2010 by gjohnson in Uncategorized

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First Denver had a rash of accidents where pedestrians were struck and killed by municipal buses. Now San Francisco had a fatal accident were a man died after being hit by a city bus.

 On Wednesday morning Scott Whitsett, 49, was walking on the pavement, wet from rain, of Mission Street in the Financial District when he hit by a Muni bus driven by Kimberly Johnson. http://www.sfexaminer.com/local/Muni-operator-involved-in-fatal-accident-had-been-with-agency-for-just-over-two-years-91863314.html

 After being hit by that first bus, Whitsett was then pinned against another Muni bus, that one driven by Cedric Geegan.

 Whitsett had to be extricated, and was brought to San Francisco General Hospital, where he died.

 As part of standard Muni procedure, both Johnson and Geegan were given drug and alcohol tests and were placed on non-driving status.

 The accident, which is under investigation, was the first Muni-related fatality so far this year.

 


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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Mexican bus crash kills 11, some Americans

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Posted on 17th March 2009 by gjohnson in Uncategorized

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Date: 3/17/2009 4:23 PM

By OSCAR VILLALBA
Associated Press Writer

PIEDRAS NEGRAS, Mexico (AP) — A tractor-trailer slammed into a bus carrying Canadian and U.S. tourists on a northern Mexico highway, killing 11, officials said Tuesday.

Local officials said eight Americans are among the dead, and the U.S. Embassy has confirmed the identities of four, spokeswoman Liz Detter said. The Embassy could not release their names because next of kin had not been notified.

“Our heartfelt condolences go out to all those killed and injured in this tragedy,” Detter said.

Alberto de la Rosa Vizcaino, Civil Protection director in the city of Saltillo, said three Canadians were killed in Monday’s crash.

Canadian foreign affairs spokesman Alain Cacchione said Canadians were involved in the crash but he declined to provide further details for privacy reasons.

One of those killed was Ana Maria Bujanos, a middle-school reading teacher from Brownsville, Texas.

Her husband, Chris Bujanos, said a friend told him Tuesday morning after hearing his wife named as one of the victims on the radio, and a U.S. consulate representative called him to confirm her death.

“Tomorrow would have been our 33rd wedding anniversary, that’s why I’m taking it so hard,” Bujanos said.

Ana Maria Bujanos, 56, who taught at Cummings Middle School in Brownsville, was traveling to Zacatecas with another teacher from Harlingen during their spring break.

She had taken similar trips for years, her husband said. The bus picked them up in Harlingen on Monday morning and was scheduled to return Thursday evening, he said.

Coahuila state police commander Armando Santana said 11 people were killed in the crash and 15 injured. The injured were taken to three hospitals in Coahuila.

Santana said the bus was carrying retirees from McAllen, Texas, to the northern state of Zacatecas. Detter said 19 Americans were on board.

The truck driver apparently lost control and swerved into the bus’s lane on a highway outside Saltillo, Santana said. He said the bus driver was killed and the truck driver was among the injured.

Duane DeBruyne, a spokesman for the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration, said his agency is supporting an investigation.

“The Mexican state and local police will be the lead authorities,” DeBruyne said.

____

Associated Press writers Christopher Sherman in McAllen, Texas, and Alexandra Olson in Mexico City contributed to this report.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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DA: No charges in Pa. boy’s horseplay death

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Posted on 10th February 2009 by gjohnson in Uncategorized

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Date: 2/10/2009

By MICHAEL RUBINKAM
Associated Press Writer

EASTON, Pa. (AP) — The death of a 12-year-old boy who was hit by a bus outside school as he horsed around with friends was a tragic accident that does not warrant criminal charges, a prosecutor said Tuesday.

Dakota Galusha was gently shoved by a 13-year-old friend and stumbled backward over a curb and under the rear wheels of the bus before class two weeks ago, Northampton County District Attorney John Morganelli said.

“There is no evidence that the deceased and (the student) had any personal problems between them. To the contrary, it appears that they had a well-known, friendly relationship,” Morganelli said.

The student’s name was not released.

Dakota’s mother had just dropped him off at Northampton Middle School outside Allentown when the accident occurred at about 7:15 a.m. on Jan. 26. Dakota kiddingly told his friend he had put something in his pond and, as a reply, the boy gave Dakota a push, the prosecutor said.

The bus that hit Dakota was going 3 to 5 mph as it approached the curb to drop students off. Its rear wheels ran over the boy’s midsection.

A coroner ruled Dakota’s death a homicide. But Morganelli said the evidence did not support a criminal charge of involuntary manslaughter, which requires reckless or grossly negligent behavior where a death could reasonably be foreseen.

“I do not find that (the boy) could have foreseen that his friendly push of his friend would place his friend in danger of death,” Morganelli said. “Clearly, the untimely death of 12-year-old Dakota Galusha was tragic. It was not, however, the result of criminally culpable conduct.”

Morganelli said Galusha’s parents, Kendall and Dina Galusha, agreed.

“They expressed no anger (toward the child) whatsoever,” he said.

Dakota, who went by the nickname “Kota,” played baseball, football and basketball and liked to snowboard. He was a staunch New York Giants fan.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Investigators focus on driver in tour bus crash

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Posted on 3rd February 2009 by gjohnson in Uncategorized

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Date: 2/3/2009

By OSKAR GARCIA
Associated Press Writer

LAS VEGAS (AP) — Survivors of a tour bus crash that killed seven people in Arizona last week told investigators that the driver might have been distracted before the accident, a state official said Monday.

“We are focusing on the driver possibly being distracted for some unknown reason,” said Arizona Department of Public Safety spokesman Lt. James Warriner.

He did not elaborate on what the distraction might have been.

Three survivors of Friday’s crash near Hoover Dam have been interviewed, Warriner said.

Investigators have been unable to speak to the 48-year-old hospitalized driver of the bus because of his injuries. They are checking his driving history, medical records and certification to operate the bus, Warriner said.

The driver, 48-year-old Han Dong of Rosemead, Calif., remains in fair condition at University Medical Center in Las Vegas. Investigators said they don’t believe he was impaired at the time of the crash.

The tour guide and six Chinese tourists were killed in the crash. Ten others were injured.

The California Public Utilities Commission on Monday suspended the charter certificate of D.W. Tour & Charter of San Gabriel, Calif., the company that owned the tour bus.

“Effectively, they cannot operate,” commission spokesman Christopher Chow said, adding that the suspension applies to operations in California.

The suspension occurred because the company’s liability insurance expired Monday, he said.

Pete Kotowski, lead investigator for the National Transportation Safety Board, said that the company passed its most recent federal review in August 2007. Six months earlier, a review showed the company had insufficient drug and alcohol testing and policies for drivers.

The company, which owns two buses and employs four drivers, is listed as “satisfactory” by the Federal Motor Carrier Safety Administration.

The company did not immediately return calls or respond to an e-mail seeking comment.

The 30-seat bus involved in the crash was smaller than a typical tour bus — similar in size to an airport car-rental shuttle — and did not have seat belts, Kotowski said. It was federally certified for travel on all U.S. highways, he said.

The accident occurred as the bus was returning to Las Vegas after a trip to the Grand Canyon.

The bus drifted onto the highway’s shoulder and the driver overcorrected, sending it across two traffic lanes and into a gravel median, Kotowski said. It rolled over at least once before resting on its side. Most passengers were thrown out of the vehicle’s windows.

Kotowski did not say how fast the bus was traveling. The speed limit on the straight stretch of road is 65 mph.

Tourists on the bus were Chinese nationals who had flown from Shanghai to San Francisco and had most recently been in Las Vegas, the Arizona Department of Public Safety has said.

___

Associated Press Staff writers Felicia Fonseca in Flagstaff, Ariz., and Ken Ritter in Las Vegas contributed to this report.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Manslaughter charges filed in 2007 Ark. bus crash

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Posted on 19th November 2008 by gjohnson in Uncategorized

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Date: 11/19/2008

By JON GAMBRELL
Associated Press Writer


LITTLE ROCK, Ark. (AP) _ A Texas bus driver in a crash last year that killed four people will face manslaughter charges because there isn’t enough evidence to charge him with negligent homicide.

Twenty-nine-year-old Felix Badillo Tapia was charged Wednesday with four counts of manslaughter in the November 2007 crash in Arkansas. They each carry a maximum sentence of 10 years in prison and a $10,000 fine.

Felony negligent homicide charges would require proof of drug or alcohol intoxication. Prosecutor Fletcher Long says authorities did not conduct a field sobriety test on the suspect.

Tapia was driving a Tornado Bus Co. bus when it slammed into a pickup truck and a tractor-trailer. The crash killed three bus passengers and the pickup’s driver.

Copyright 2008 The Associated Press.


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Victims of Guatemalan bus fire were shot first

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Posted on 10th November 2008 by gjohnson in Uncategorized

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Date: 11/10/2008

By JUAN CARLOS LLORCA
Associated Press Writer

GUATEMALA CITY (AP) _ Prosecutors said Monday that 15 charred bodies found in a burned-out bus were shot before they were set on fire.

At least 14 of the dead were Nicaraguan, including the driver, said Attorney General Amilcar Velazquez.

The bus left Nicaragua with 16 passengers, but only 15 bodies were found after the bus burned on Saturday on an unpaved road in a mountain valley.

It is unclear was happened to the 16th passenger.

Police spokesman Donald Gonzalez said the killings may have been drug related. He said parts of the vehicle had been violently torn away, as if someone was looking for secret compartments.

Velazquez says bullets and shell casings were found at the scene, and authorities have confirmed the victims were shot, explaining why there were no signs that anyone tried to flee the burning vehicle. All the dead were found in their seats.

The bus was on a charter route that carried Nicaraguan vendors to Guatemala, where they would buy things to sell at home.

Driver Carlos Paiz had driven the same route every weekend for the past four years, according to his relative, Donald Sandoval, who said he didn’t know why the bus was targeted.

“It was a bus that left from (Nicaragua) and anyone could get on,” he said.

Guatemala has struggled with growing drug and gang violence.

In March, near where the bus was found, 11 people were killed in a gang fight in which several vehicles were torched.

And the charred bodies of three Salvadoran members of the Central American Parliament were found along a rural road in February 2007.

Copyright 2008 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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German officials: spark may be cause of bus fire

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Posted on 5th November 2008 by gjohnson in Uncategorized

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Date: 11/5/2008

German officials: spark may be cause of bus fire

HANNOVER, Germany (AP) _ A bus fire that killed 20 people in northern Germany may have been caused by a spark from the undercarriage, prosecutors said Wednesday, discounting an initial theory that the blaze was sparked by a cigarette.

Testimony from the 13 survivors of Tuesday night’s fire established that it started in a bathroom in the middle of the bus, said local fire chief Bernd Keitel.

Passengers told officials they saw smoke seeping from behind the bathroom door. When they opened it, flames quickly engulfed the bus, trapping those seated to the rear.

Keitel told reporters he suspected that a spark in the bus’s undercarriage may have set light to gases from the bathroom area. He said it was unlikely that the blaze was sparked by a passenger smoking clandestinely — smoking is illegal on buses in Germany — in the bathroom. He did not offer details.

A police spokesman said survivors told authorities immediately after the blaze that the fire appeared to have broken out after a person smoked a cigarette in the bathroom.

The bus was carrying 32 passengers aged between 46 and 79, according to police. The 51-year-old driver, who was not identified, was the only person so far to have been discharged from the hospital. Three people remained in critical condition with severe burns.

Georg Wessling, a spokesman for the Lower Saxony state’s justice ministry, said prosecutors would investigate whether someone on the bus or elsewhere might be responsible for negligent manslaughter. He said there were no suspects, and added that authorities have not yet been able to identify any of the 20 victims, due to the severity of the fire.

Autopsies and DNA testing have been ordered.

The Mercedes Benz bus had been chartered by a tour organizer to take a group of seniors on a day trip to a farm near Hannover. It was on its way back to the city when the fire broke out.

Copyright 2008 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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DA: Driver in deadly bus crash wasn’t intoxicated

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Posted on 14th October 2008 by gjohnson in Uncategorized

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Date: 10/14/2008 7:13 PM

By JUDY LIN
Associated Press Writer


SACRAMENTO, Calif. (AP) _ Toxicology tests show that the driver of a charter bus that crashed on a rural Northern California road, killing nine, was not drunk or on drugs at the time, prosecutors said Tuesday.

Quintin Watts, 52, was released from the hospital and taken into law enforcement custody after he was released Tuesday morning from the hospital where he had been recovering from the Oct. 5 crash. He was being held on suspicion of driving without a proper license at a Tracy prison while authorities continued their investigation.

The California Highway Patrol initially arrested Watts on suspicion of driving under the influence after the bus overturned on a two-lane road. Many of the 42 passengers heading to Colusa Casino Resort were Laotian seniors, and some remain hospitalized.

Watts’ mother, Chaney Mae Watts, 77, of Stockton, said her family never believed reports that he had been driving under the influence. She said her son fell into a diabetic coma and regained consciousness only a few days ago.

“We’re all really sorry that the accident happened,” she said. “When they said DUI, it wasn’t the boy I know. It wasn’t the boy I raised.”

Chaney Mae Watts noted that her son had a history of health problems related to diabetes, including a trip to the hospital last spring when he appeared impaired because of low blood sugar.

Colusa County District Attorney John Poyner said Tuesday that the toxicology tests came back negative.

“At this point I don’t know if the bus was defective. I just know he didn’t have any drugs or alcohol in his system,” Poyner said. “It could be anything from an accident that is very unfortunate or, if he committed gross negligence that could lead to manslaughter charges. I don’t know if he fell asleep.”

Quintin Watts, who previously had served time on various drug, theft and weapons charges, was a longtime truck driver, but had been unable to find a trucking job since being released from jail, according to his mother.

Watts told his family that he had been training to drive a bus, and the day of the crash was his first one behind the wheel, she said. The owner of the bus was among those killed.

Chaney Mae Watts said she spoke to her son for the first time since the crash by phone on Sunday. She said the first words he said to her: “Momma, you know I’m sorry.”

Copyright 2008 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Fatal crash highlights lure of casinos for seniors

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Posted on 8th October 2008 by gjohnson in Uncategorized

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Date: 10/8/2008 9:17 PM

By JUDY LIN
Associated Press Writer


SACRAMENTO, Calif. (AP) _ The casinos run by American Indian tribes in Northern California work to attract lonely seniors on fixed incomes by offering cheap transportation on charter buses like the one that crashed over the weekend, killing eight people and injuring dozens.

The casinos also provide free meals and complimentary slot machine play to the thousands of seniors who have helped fuel the industry over the past decade. Some seniors fund the excursions with their Social Security checks and return home worrying about not being able to cover basic living expenses.

“Every single time, they always complain they don’t have money,” said Pa Phang, 37, whose 87-year-old father-in-law Xee Hue Vang died in Sunday’s crash an hour north of Sacramento. Her mother-in-law, Mao Lee Yang, 75, remains hospitalized.

Phang, whose in-laws each received about $700 a month in public assistance, recounted a conversation the Hmong pair had a few weeks ago: “My dad was telling my mom, ‘I think we shouldn’t go. You already lost $200 on the first of the month.’ My mom said, ‘It’s my money.’”

Gambling opponents and social workers say that while casinos draw all types of players with dreams of striking it rich, California’s network of bus services and recruiters has been especially effective in luring seniors to the state’s 56 Indian casinos.

But James May, a spokesman for the California Nations Indian Gaming Association, which represents 41 casinos, would not comment on the age or race of players that frequent the casinos.

“I’m sure each of the tribes handles their charters in different ways,” May said.

The charter bus that crashed Sunday in Williams, about 60 miles north of Sacramento, was en route to Colusa Casino Resort, which said it had done business with the bus company since 2006 but did not have an appointment with it that day.

The California Highway Patrol arrested the 52-year-old bus driver on suspicion of driving under the influence of drugs or alcohol. Officials said that he did not have the proper license to carry passengers and that the vehicle had an invalid license plate. The investigation continues.

Theresa Saechao, a social worker who has been helping bus crash victims and their families, said casinos and charter bus services have profited by targeting poor Southeast Asian communities, particularly seniors who can’t drive and face language barriers to finding jobs. “It’s destroying these communities here,” Saechao said.

State lawmakers have held hearings on problem gambling in recent years. And Democratic Assemblyman Mark DeSaulnier, chairman of the Transportation Committee, said his panel is requesting information about Sunday evening’s crash in Colusa County.

Relatives of the victims say recruiters for chartered buses come to the community, and then word of the gambling trips spreads.

“They are actually going into low-income neighborhoods and picking people out,” DeSaulnier said.

There are 1 million Californians who have a serious gambling problem, a state-sponsored study estimated two years ago.

Another state study found that the rate of problem gambling is lower among adults older than 65 than among the disabled, the unemployed and African-Americans. But gambling opponents and family members say seniors are hit especially hard by losses because they are on fixed incomes.

“Many live very insecure financial lives and by them being in a situation where they begin to lose $50 to $100 a week, it might be enough to jeopardize their financial situation and make them unable to make payments on utilities,” said Rev. James Butler, executive director of the California Coalition Against Gambling Expansion, a faith-based organization.

Some seniors playing quarter slot machines at Thunder Valley Casino told a reporter they were drawn by a nightly prize drawing, fine restaurants and the chance to get out of the house.

“I used to spend a lot of money on grandkids, but now I spend it on gambling, hoping to get rich — so I can spend more on them,” said Beverly Osborne, 72, who drove the 30 miles from her home in Sacramento.

The casino, built on former rangeland between Lincoln and Roseville northeast of Sacramento, is so lucrative that it is now adding a 24-story hotel that will jut above nearby suburban communities in Placer County.

Dr. Timothy Fong of the Gambling Studies Program at the University of California, Los Angeles, said it’s hard to say whether similar bus services should be considered a predatory practice; many seniors book the tours because gambling excursions are simply entertainment.

Because the bus trips have become common practice, Fong said, a better question for lawmakers and regulators is to educate seniors so they understand the risks of gambling.

“It’s not just a matter of should they, shouldn’t they,” Fong said. “If it’s going to happen, we should address it head on and have some safeguards.”

___

Associated Press writers Don Thompson and Samantha Young contributed to this report.

Copyright 2008 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Woman gets nearly 13 years in fatal Minn. crash

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Posted on 8th October 2008 by gjohnson in Uncategorized

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Date: 10/8/2008 1:46 PM

MARSHALL, Minn. (AP) _ A woman who initially lied about her identity and still denies driving a van that slammed into a school bus, killing four children, was sentenced Wednesday to nearly 13 years in prison.

Olga Marina Franco Del Cid was sentenced on four counts of vehicular homicide in the Feb. 19 crash involving a bus from Lakeview School in the southwest Minnesota town of Cottonwood.

Franco was extricated from the driver’s seat of the minivan, which hit the school bus after barreling through a stop sign. But her attorneys tried to show during her trial in August that Franco’s boyfriend was driving, fled the scene and hasn’t been seen since.

“Franco’s sentence will end,” Lyon County District Judge David Peterson said. “For those parents dealing with injuries, it’s a daily struggle. For the parents dealing with lost children, it’s a lifetime of could-have-beens and might-have-beens that never will be.”

Through an interpreter, Franco asked for forgiveness for using someone else’s identity. She also asked for forgiveness for the crash, but still denied being the driver.

The children killed ranged in age from 9 to 13 and included two brothers. Fourteen other people were injured.

___

Information from: KMHL-AM, http://www.marshallradio.net

Copyright 2008 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
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