Articles Posted in bus accident

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On Tuesday, one person was killed and another was injured in a one-car crash in Cherokee. According to WLOS ABC News Channel 13, the car crossed the centerline and struck a tree. The crash occurred on Adams Creek Road, sometime before noon, in the Birdtown area.

The driver, Imadeann Sequoyah, was airlifted to Mission Hospital, where as of Wednesday, she was listed in fair condition. Her passenger, Mathew Starlin, was also airlifted to a hospital, but died as a result of his injuries. At this time, law enforcement officials think that speed could have been a factor in the crash, and charges may be pending.

The team at Davis Law Group, P.A. sends their deepest condolences to the family members and friends of Mathew Starlin.

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On Wednesday, Buncombe County and other counties across North Carolina participated in Stop Arm Violation Count Day. According to WLOS ABC News Channel 13, bus drivers were asked to pay special attention to any drivers illegally passing school buses while their stop arms were extended. Although it seems obvious, drivers should not be passing stopped school buses where children are loading and unloading. Buncombe County alone averages about 70 violations every day.

Since 1999, drivers illegally passing stopped school buses have killed 14 students in North Carolina. Thankfully, many buses are now outfitted with cameras that could lead to improved enforcement of illegal passing.

If your child has been injured in a school bus accident or while getting on or off a school bus, contact the skilled legal team at Davis Law Group, P.A. at 866-397-2897 for a free consultation.

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On Friday morning, three Transylvania County children were struck and injured by an elderly driver. According to WLOS ABC News Channel 13, the incident happened at about 7:15 a.m., as the children were getting ready to board the school bus. The driver, 85-year-old Floyd Hipps, failed to stop or reduce his speed for the school bus. Children were crossing Greenville Highway, and the bus was completely stopped with the crossing arm out and red lights flashing at the time of the wreck.

Children from Bus 77 were headed to Brevard Middle School. The bus made a stop near the Connestee Falls subdivision to pickup about five kids when Mr. Hipps drove through. The 2013 Ford Explorer hit three of them and sent two to the ground. School bus officials did report that while the bus had onboard cameras, it did not have stopping arm cameras, so no footage of the incident was captured of the incident.

Two of the children had to be airlifted to Mission Hospital in Asheville, and the third child was taken by ambulance to Transylvania Regional Hospital in Brevard. Thankfully, none of the injuries were life-threatening. One child suffered a fractured femur, a second child suffered a concussion, and a third child suffered a fractured skull. The third child remains in serious condition at the hospital. The other two children have been released. Mr. Hipps was charged with felony failure to stop for a school bus and failure to reduce speed, but there’s no word on why he didn’t stop. The Highway Patrol spokesperson said that any time a child is hit a child is hit at a bus stop, the criminal charge becomes a felony. Hipps told Troopers that he did not see the children before the impact.

The Danger Zone

After this incident, it may or may not come as a surprise to Asheville parents that the most dangerous part of riding a school bus is loading and unloading. The 10 feet in front of, behind and beside a school bus is considered the “Danger Zone.” The National Highway Traffic Safety Administration (NHTSA) encourages parents to talk to their children about safe boarding and unloading practices. Not only are children at risk from other drivers, but they’re also in an area where a bus driver may not see them. Children who have to cross the street to board the bus or unload from a bus should be instructed to stay well in front of the bus so that they can have direct eye contact with the bus driver. Children should also be told that they must still look in both directions prior to crossing the street, even if the bus’ lights are flashing and the stop arm is extended.

Civil Liability Analysis
In addition to the criminal charges, Mr. Hipps also faces the potential for substantial civil liability from this incident. The purpose of the civil justice system is to compensate those who have suffered injury or harm as a result of someone else’s careless or reckless conduct. The children who suffered injuries from this incident have the right to assert a personal injury claim against Mr. Hipps and his automobile insurance company. In a situation like this, the liability of Mr. Hipps seems clear, and the only real question would be the value of the childrens’ personal injury claims. While the injuries in this case do not appear life-threatening, the injuries are certainly serious.

What Is My Case Worth?

The children in this case would have the right to recover for all of their medical expenses, including but not limited to ambulance, hospital, and rehabilitation costs. The right to recover for these expenses exists even if the children are covered by their parent’s private health insurance. The children would also have the right to recover money damages for any permanent injuries and for the physical pain and mental suffering caused by the injuries. Mental suffering can include things like anxiety and post traumatic stress syndrome (PTSD). There is no set formula for deciding the value of such claims. Clients often want to know at the beginning of their case: “what is my claim worth?” At Davis Law Group, we always respond by saying that, “your case is worth what any 12 people off the street could agree on after hearing all of the evidence in your case.” There is no way to say what any given case is truly worth immediately after the injury. The reality is that we have to wait and see how the client does during the medical treatment and then also how the client is doing after their injuries have healed and all of the medical care is completed.

Does The Minor Receive Money?

When a minor is injured as the result of another person’s careless or reckless conduct, and the minor makes a claim and recovers money for their injuries, the money must go into either a trust account in the Clerk of Court’s Office or into a Structured Settlement. A Structured Settlement is a form of an insurance annuity.

If the money is deposited with the Clerk’s Office, then as soon as the minor turns 18 years of age, he or she can take all of the money from the settlement and do with it as they please. If the money is placed into a Structured Settlement, then the money will be disbursed to the claimant at certain intervals and amounts, depending on how the Structured Settlement is put together. Often, the parents of the minor decide that it would be better to place the money into a Structured Settlement so that the money can be disbursed in a way that is helpful to paying for a college education. Another huge benefit of a Structured Settlement is that the interest income earned prior to disbursement is tax free and not subject to capital gains taxes.

Elderly Driver Safety
Although very few details about the crash have been released, plenty of citizens are talking about elderly driver safety. As our friends and relatives continue to age, their ability to safely operate a motor vehicle may diminish. These are not easy conversations to have with a friend or loved one. But, if you’re worried about an elderly driver, it may be time to have “the talk.” The National Highway Transportation Safety Administration (NHTSA) also provides a variety of materials to concerned family members and helpful tips for bringing up the conversation. The team at Davis Law Group, P.A. wishes speedy and full recoveries for all of the injured children involved.

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On Tuesday morning, a woman had to be airlifted to Mission Hospital after she rear-ended a school bus in Henderson County. According to the Times-News Online, there were about 20 children on the bus at the time of the crash. The incident happened at about 7:36 a.m., when a school bus stopped to pickup students at Ferenvilla Drive. Another school bus stopped behind that bus, and was suddenly rear-ended by a small car.

Very few details have been released about how this crash happened. Why didn’t the driver stop in time? Could it have been a case of distracted driving? Was the driver unable to stop due to a mechanical problem? At least one child was taken to the hospital for evaluation, and the woman driver’s injuries were described as “non-life-threatening.” The driver was reportedly charged with failing to reduce speed.

The attorneys and staff at Davis Law Group, P.A. have helped thousands who have been involved in serious motor vehicle crashes involving buses, trucks, motorcycles and cars. The firm’s attorneys are glad to answer any questions you have. Remember, if you are involved in a wreck, you should always talk to an attorney before you talk with an insurance company.

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On Tuesday afternoon, a school bus was rear-ended in Henderson County. There were 22 students from Clear Creek Elementary School on the bus. They were headed back from a field trip at the time. According to WLOS ABC News Channel 13, the driver that rear-ended the bus was looking down at his phone at the time of the crash.

Thankfully, none of the students appeared to have been injured in the crash. The driver of the car did suffer from some minor injuries. Although no charges have been filed, the Highway Patrol is still investigating the incident. Distracted driving puts everybody on the road at great risk. This crash could have been much worse. If a distracted driver has injured you or a loved one, contact the skilled team at Davis Law Group, P.A. for a free consultation today.

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On Wednesday morning, a school bus crash injured eight West Marion Elementary School students. The driver of a sedan crossed the centerline and struck the school bus head on. According to WLOS ABC News Channel 13, the McDowell County collision happened at about 7:30 a.m. at Whitson’s Curve.

The impact of the crash sent both vehicles off of the roadway, and the bus ended up in a ditch. Witnesses and emergency responders were swiftly on the scene assisting the children. The driver of the car, 40-year-old Randall Webb, was arrested and charged with DWI, although very few details have been released about the investigation.

Thankfully, none of the children’s injuries were initially described as serious. The team at Davis Law Group, P.A. wishes all of the children speedy and full recoveries from their injuries.

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On Thursday morning, a school bus crash in Dana sent 15 children to the hospital. According to WLOS ABC News Channel 13, the one-vehicle crash happened sometime after 7:30 a.m. on Deep Gap Road. For currently unknown reasons, the Dana Elementary school bus ran off the right side of the road. The bus stuck a culvert and came to rest on its side in a ditch beside the roadway.

There were 36 students on the bus at the time of the crash. At least 15 of those students were taken to the hospital for treatment of injuries. Children were taken to both Pardee Hospital and Park Ridge Hospital. Thankfully, the injuries were described as minor. At this time, the crash is still under investigation with authorities. The team at Davis Law Group, P.A. wishes speedy and full recoveries to all of the students involved.

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Last week, a wreck involving an activity bus happened in Henderson County. According to WLOS ABC Channel 13 News, the crash happened just after 9:00 a.m. on Asheville Highway. First responders with Mountain Home Fire Department were swiftly on the scene, since the crash happened close to their station. Apparently the activity bus, transporting children, rear-ended another vehicle.

No injuries were immediately reported, and WLOS ABC Channel 13 News described the wreck as minor. The children were picked up by an additional bus and taken back to school. Very little information has been released on how this crash could have happened. Also, there’s no word on whether or not anybody was injured in the automobile that was rear ended. If you or your child is injured in a crash involving a school bus or daycare vehicle, contact the skilled team at the Davis Law Group, P.A. for a free consultation today.

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Last Friday afternoon, a Buncombe County school bus struck a car. According to WLOS ABC News Channel 13, there were three children on the bus at the time of the crash. The bus was on Blake Drive, and it struck a car coming out of the Royal Pines community.

Authorities stated that the car was seriously damaged. Very little information has been released on the cause of this crash or the extent of the driver’s injuries. Channel 13 said that no charges had been filed, but the wreck was still under investigation. Anytime a crash involves a school bus, making sure the children are okay is the top priority. Even though school buses are designed to be safer than traditional passenger occupant vehicles, children can still get hurt in crashes. If you or a loved one is injured in a crash involving a school bus, contact the skilled team at the Davis Law Group, P.A. for a free consultation.

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Imagine a city bus full of passengers heading down a busy city street. The bus driver slumps over in his seat. The bus blows through a red light and T-bones a car, sending it spinning around in the street. Just like in the movies, the bus keeps crashing into cars and taxis as it careens through intersections. This scenario happened in New York City last night. The driver lost consciousness while going north on Madison Avenue near East 81st at around 7:05 p.m.

A frightened but quick thinking passenger, Guy Praisler, rushed to the front of the bus, jerked at the driver and grabbed the wheel. hero bus crash.JPG The driver then woke-up and hit the brakes.

Really?? Now the bus driver claims to have fainted. As someone who has investigated dozens of bus and truck crashes, this sounds like a classic case of a fatigued bus driver falling asleep behind the wheel. The statistics would certainly indicate that fatigue is the most likely cause of this crash.
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