Pennsylvania Expands Access to Driving Records After Fatal School Bus Accident

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Posted on 5th April 2010 by gjohnson in Uncategorized

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Following a fatal accident, Pennsylvania will now allow school districts and contractors to see the lifelong driving records of bus drivers. http://readingeagle.com/article.aspx?id=209292

In an announcement Monday, Montgomery County District Attorney Risa Vetri Ferman said that the records that the schools will have access to will include the seriousness of any accidents. The district attorney wants those changes to be effective in time for the start of the next school year.

This charge was sparked by the case of a school bus driver who was charged in a fatal crash in Montgomery County, who more than 10 years ago was also involved in an accident that killed a toddler. As it stands now, schools only have access to driving records dating back a decade.

The man at the center of the issue is school bus driver Frederick Poust, 38, of Schwenksville, Pa. He was charged with vehicular homicide after crashing into a car, killing its passenger Richard Taylor of Gilbertsville, Pa.

Poust had been cited in 1999 for careless driving in an accident where a 2-year-old girl died. That incident set up a national debate on cellphone use while driving.


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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School Bus Driver Charged With Homicide By Vehicle

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Posted on 16th March 2010 by gjohnson in Uncategorized

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In a case we reported on before, a school bus driver in Maryland Monday was charged with homicide by vehicle for causing a crash that killed a man and hurt five students. It marks the second time the driver has been charged in a fatal crash. http://bus-law.com/blog/2010/02/bus-driver-who-sparked-cellphone-ban-debate-is-involved-in-second-fatal-accidentbus-driver-who-sparked-cellphone-ban-debate-is-involved-in-second-fata.html http://www.mcall.com/news/breaking/all-news-bus-charge-031610-cn,0,5592567.story

During a press conference Monday, authorities in Montgomery County, Md., said they had viewed from the bus that showed that Frederick Poust, 38, of Schwenksville was negligent in his driving, driving recklessly and causing the fatal accident. The video also showed that Poust had run through several stop signs.

Poust was behind the wheel of a Perkiomen Valley School District bus Feb. 18 when he tried to make a turn onto Perkiomen Valley Middle School West and hit a vehicle driving in the opposite direction.

A passenger in that car, Richard Taylor, 27, of Gilbertsville was killed, while the driver, 41-year-old Freddie Carroll of Perkiomnville sustained serious injuries. Five of the 45 children on the bus had minor injuries.

This isn’t Poust’s first involvement in a fatal car crash. In 1999 was calling his girlfriend on his cellphone when he ran a stop sign and hit a car, killing the toddler Morgan Lee Pena. Her parents become vocal proponents of bans on drivers using cellphones, and they even appeared on “The Oprah Winfrey Show” to argue their case.


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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Our Most Precious Cargo, Our Most Solemn Responsibility

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Posted on 27th March 2009 by gjohnson in Uncategorized

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You would probably have to search for a very long time to find anyone who would not agree that the most precious commodity transported on the nation’s highways are our children. They are among our most vulnerable passengers. Motor vehicle crashes are the leading cause of death for children from 2 to 14 years old.

What is more disturbing is the number of school bus crashes which occur in the United States.

safeguard4kids, proponents of seat belts for school buses, lists these NHTSA statistics:

Since different organisations have their own ways of reporting, tracking and calculating school bus accidents and injuries, it is difficult to know how many children are actually injured in school bus accidents. The National Transportation Safety Board (NTSB) determined that school bus crash data is incomplete and that injuries cannot be reliably estimated.1 We do know, however, that lap-shoulder belts can make a significant impact on injury reduction.

* According to the April 2002 NHTSA Report to Congress, every day there are over 144 school bus accidents (26,000 per year) in America and more than 9,500 children are injured in school bus accidents each year.
* According to the American Academy of Pediatrics (AAP), there were an estimated 51,100 school bus-related injuries treated in U.S. emergency departments from 2001 to 2003, which averages to approximately 17,000 children injured in school bus accidents each year. This is the first study to describe nonfatal school bus–related injuries to U.S. children and teenagers treated in U.S. hospital emergency departments using a national sample. This study identified a much greater annual number of school bus–related injuries to children than reported previously.
* Data from the General Estimates System2 indicates that 13,000 people are injured annually in school bus crashes. Of those injured, 46 percent (5,980) were school bus occupants, 8 percent were school bus drivers, 38 percent were occupants of other vehicles, and fewer than 0.05 percent each were pedestrians, pedal cyclists and non-motorists.

Additionally:

According to 2005 data from NHTSA, an average of 21 school age children die in school transportation-related traffic crashes each year. Six of those deaths occur in school transportation vehicles. This number applies only to daily school routes and does not account for extracurricular activities that take place outside of normal school hours.

When I began posting headlines related to school bus incidents and accidents, I went very quickly from concern to shock at the number of school bus accidents occurring every day in this country. I have read follow up stories of drunk driving arrests among bus drivers and wondered why such stories do not elicit the sort of nationwide outrage that other media stories do. Not only are children the most precious cargo on the road, shouldn’t we trust those responsible for their safety to be beyond reproach character-wise?

What baffles me as well is reading over and over of school-buses being rear-ended by drivers who do not seem to pay much heed to those flashing lights or FREQUENT STOPS warnings, not to mention that a school bus should raise within in all of us a heightened sense of caution and care. I cannot even deliver an analogy as I can not imagine anything more fragile and valuable than our children.

There are plenty of stories of pickups and SUVs colliding with school buses in icy weather. Living in the midwest, I have myself observed the invincible driving attitudes of some of these drivers when road conditions are dangerous. They may think they can tackle an arctic storm without slowing down, but headlines say otherwise.

I don’t know about the rest of you, but it is a fact of life that certain times on week days, we can expect that school buses are out on the road. Before we get behind the wheel of our cars and stick the keys in the ignition, we should take a moment to confirm in our minds that there is precious cargo out on those roads and it is the responsibility of each and everyone of us to make sure that cargo is safely delivered to its destination.

Again and again, seat belt regulations for school buses fall through the cracks in state legislation. That means that the burden of the responsibility lies on the shoulders of all of us.

thelegaltimes.net staff article ©2009


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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Police: Students, others hurt in NY bus crash

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Posted on 25th February 2009 by gjohnson in Uncategorized

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Date: 2/25/2009

MIDDLE ISLAND, N.Y. (AP) — Police in New York say 17 students and their driver were taken to hospitals after a school bus collided with a truck on Long Island. None of the injuries is considered serious.

The wreck occurred around 5:30 p.m. Tuesday in Middle Island. The bus was from the Longwood School District. School district officials and the bus company haven’t returned phone calls seeking comment.

Police say the students were involved in an after-school activity, but they are unsure what it was. The victims’ names have not been released.

The front end of the truck was badly damaged, and many of the bus’ windows were smashed. The truck driver also has been hospitalized.

A police officer was hit by a car while directing traffic surrounding the accident, suffering a serious but not life-threatening back injury. The car’s driver was not charged with any crime.

Copyright 2009 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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Trial Lawyer Group Challenges Midnight Bus Regulation

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Posted on 26th December 2008 by gjohnson in Uncategorized

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The American Association of Justice, (AAJ) the national trial lawyer group that I play a brain injury leadership role in, has taken a strong stance to prevent last minute regulatory abuse by the Bush Administration. One of the worst aspects of the last days of the Bush Administration is there last days efforts to protect corporate wrongdoers from just claims from those injured by their products. The below press release from AAJ explains the nature of the challenge to such regulations.

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AAJ Challenges NHTSA’s School Bus Safety Rule; Anticipates Long-Delayed Roof Crush Standard Next Week Preemption Clause in Rule Could Grant Vehicle Manufacturers Blanket Immunity from Lawsuits

Washington, DC — A final rule put forth by the National Highway Traffic Safety Administration’s (NHTSA) doesn’t go far enough to curb injuries associated with the nearly 2,000 school bus accidents each year, according to the American Association for Justice (AAJ). The association will file a petition for reconsideration with NHTSA tomorrow, challenging the agency’s final rule on school bus safety.

NHTSA’s final rule requires seatbelts for small school buses but only recommends seatbelts for larger school buses, fearing adding seatbelts on the larger vehicles would limit capacity and be cost prohibitive. Larger buses will be required to increase the seat back height four inches, just a fraction of the cost estimated for adding seat belts. The rule also includes preemption language that attempts to grant blanket immunity to the manufacturing industry that makes buses and their parts. The language would make it difficult to seek restitution through the civil justice system for injuries and fatalities associated with school bus accidents according to AAJ.

“NHTSA continues to allow corporate responsibility to take a back seat to children’s safety,” said AAJ President Les Weisbrod. “There is no reason to include preemption language that attempts to limit consumers’ civil justice rights in a rule about school bus safety except to give corporations yet another handout. Our children’s safety should be a first priority in school bus standards, instead NHTSA included an escape clause for corporate responsibility.”

Next week NHTSA is expected to release a final rule on roof crush resistance standards after years of study and delay. The current standard has been in effect since 1973, well before SUVs, prone to rollovers, were a popular consumer transportation option.

NHTSA was required to deliver a new roof crush standard to Congress by July 1, 2008, but was ordered by Congress to strengthen their proposed rule because it did not significantly reduce loss of life and prevent injury. NHTSA asked for an extension until December 15, 2008.

The timing is significant, because new Administrations generally seek to stay any final rules that have been put forth 60 days prior to the start of the term. The Bush administration had asked all final rules be complete by Nov. 1, 2008. A final rule put out December 15, 2008, could be subject to such a stay.

“On their way out the door, the Bush bureaucrats, continue to do all they can to try to take away people’s rights to access the civil justice system,” added Weisbrod. “We have seen this time and time again—school bus safety, seat belts, drugs and medical devices—the Administration thinks corporations can do no harm.”


As the world’s largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. Visit http://www.justice.org/.


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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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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Nephew: Ind. bus driver grieving students’ deaths

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Posted on 28th September 2008 by gjohnson in Uncategorized

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Date: 9/27/2008 7:38 PM

By RICK CALLAHAN
Associated Press Writer

INDIANAPOLIS (AP) _ The driver of a school bus struck by two dump trucks in rural northern Indiana is devastated that the four special-needs students she was taking home died in the crash, a relative said Saturday.

Debbie DuVall, 46, of Idaville, was seriously injured when the Twin Lakes School Corp. bus she was driving was struck Friday afternoon by two trucks about 70 miles north of Indianapolis.

Her nephew, Ryan DuVall of Fort Wayne, said Saturday that his aunt remained in intensive care but that her injuries were not life-threatening.

He said she was alert and conscious when she arrived at the hospital and was grief-stricken when told that the children she was driving home had died.

“The first thing she asked about was the condition of the kids. She wanted to know how the kids were, and the news was devastating for her. They were very dear to her,” Ryan DuVall said.

“Her family is feeling blessed that she came out of this the way that she did, but at the same time our thoughts, and especially hers, are with the families.”

The four children, ages 5 to 10, lived in nearby Monticello and attended schools in Logansport that catered to their special needs, Indiana State Police said.

The victims were identified by police as 5-year-old Lauren Melin, 9-year-old Kale Seabolt, and Trevor Ingram and Tyler Geiger, both 10.

Friday’s crash occurred when a Mack dump truck swerved to avoid a motor scooter that had stopped or slowed along U.S. 24 west of Logansport. The truck clipped the 15-passenger bus, which flipped on its side and slid into the path of a second Mack truck that struck its roof.

The bus then slid into a ditch and came to rest, its front end and roof crushed.

All four students and DuVall were wearing seat belts or sitting in a child safety seat.

State police Sgt. Tony Slocum said investigators returned to the crash scene Saturday to take photographs, make measurements and scour the crash site for evidence they may have overlooked after Friday’s crash.

State police experts were examining the crushed wreckage of the bus and the two dump trucks for any mechanical problems that could have contributed to the crash, he said.

Routine toxicology tests are pending on the three drivers. The driver of the motor scooter, Raymond Gust, 59, was not tested because he was not technically involved in the crash, Slocum said.

Gust had stopped or slowed to turn into the driveway of his home on the north side of the highway just before the crash, Slocum said.

In the coming days, Slocum said, troopers will conduct additional interviews with witnesses, Gust and the truck drivers, Terry Dixon, 53, and Joe Magers, 44, both of Logansport.

When she is well enough to speak to officers, DuVall will also be interviewed.

Slocum said it’s too early to speculate on the possibility of charges in the crash. Once the report reconstructing the events that led to the crash and the various witness accounts are compiled, a Cass County prosecutor will determine whether to file charges.

“We’re not leaving any stone unturned. We owe that to the families, at least, to make sure we’ve covered all the bases,” Slocum said.

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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Deadly Consequences of Mixing Cell Phones and Vehicle Operation

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Posted on 24th September 2008 by gjohnson in Uncategorized

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Just yesterday I was driving down a busy main street when a young girl pulled across traffic in front of me, narrowly missing a car in the oncoming traffic, all the while chatting animatedly on her cell phone. Its not the first close encounter I have had, not that long ago I was rear ended by an uninsured driver who openly admitted she wasn’t paying attention because she was on the phone. We’ve all had these close encounters in the past few years and the public’s awareness of the danger of driving while talking on a cell phone is not the issue, its the awareness of just how deadly the consequences can be. There have been some very tragic consequences in the headlines recently.

On Tuesday a Florida Highway Patrol report confirmed that truck driver, Reinaldo Gonzalez of Orlanda, had been on his cell phone when he slammed into a school bus which was stopped to let off children. A stop sign and flashing lights were not enough to alert a distracted driver. A 13 year old child was killed and several injured as a result. The driver of the truck leapt to safety before the two vehicles burst into flame. The occupants of the school bus weren’t so fortunate.

http://www.ocala.com/article/20080924/NEWS/809241998/1001/News01?Title=FHP__Truck_driver_in_deadly_bus_crash_was_on_his_cell

This tragic accident comes on the heels of a deadly train crash in California that killed 25 people. It is suspected that texting played a role in the crash. Two teenage train buffs disclosed that they had received a text message from the engineer just a moment before the crash. No phone was found at the scene.

Whether its texting or talking, government studies confirm that distracted drivers account for nearly 8 out of 10 collisions or near-crashes. “A researcher who worked on the 2006 study, Charlie Klauer of the Virginia Tech Traffic Institute, says the crash risk was doubled when a driver looked away from the road for two seconds out of six.”

http://planes-trains-buses.blogspot.com/2008/09/train-crash-probe-renews-focus-on.html

Much of the focus of studies has been on young drivers. What makes these stories newsworthy is that in both cases adults were in control of vehicles capable of deadly destruction. This escalates the problem significantly. There is a big difference between a moment of distraction in a car and a moment of distraction in a train engine or a tractor trailer. The ability to react quickly is greatly reduced. As such, both drivers in these instances had a greater obligation to be diligent in the operation of these vehicles and should be under stricter guidelines for the operation of their vehicles.


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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