Wrongful Death Lawsuit Filed After Accident on Double-Decker Tour Bus

wrongful death lawsuit

Family Files Wrongful Death Lawsuit Against Double-Decker Tour Bus Company

wrongful death lawsuitAfter a teenager died from striking his head on a freeway overpass while on a tour in an open-air double-decker tour bus, his parents have filed a wrongful death lawsuit against the tour bus company.

Matthew and Amy Zisette are the parents of victim Mason G. Zisette. The couple filed a lawsuit in Los Angeles Superior Court on Tuesday, January 20th, alleging that Starline Tours of Hollywood Inc., the bus driver Jose Barajas Curiel and New Flyer Industries Canada ULC, the manufacturer of the 2000 model bus, failed to warn passengers of potential dangers when passing under overpasses or bridges, and committed serious negligence when allowing tour bus passengers to sit on the top deck.

The incident occurred on July 10th, 2014. The 16-year-old victim reportedly attended a “Sweet 16” party with some friends, who then decided to take a 4-hour sight-seeing tour around the South Bay, focusing on Los Angeles and Hollywood. Mason was a 6 foot, 2-inch varsity tennis player about to enter his junior year at Mira Costa High School in Manhattan Beach.

On the tour’s return trip, the driver took a freeway from Sunset Boulevard and began driving at 60 miles per hour. Mason and some friends were on the upper deck, which was open to the air, admiring the sunset around 7:25 PM when 14-foot tall bus passed under a 15-foot-and-1-inch tall Arbor Vitae Street overpass near San Diego Freeway. The clearance, according to the lawsuit, does not allow passengers on the top deck to safely pass under the overpass, and the tour bus manufacturer, driver, and tour bus company all failed to monitor the passengers, and failed to warn of such a potential danger when passengers signed up for the tour and sat on the top deck.

“This recipe for disaster resulted in the back of Mason’s head impacting the … overpass in Inglewood near LAX,” the suit states. “Mason suffered a traumatic brain injury, fell motionless on the bus floor, never to wake again.”

The teenager died 2 days later, on July 12th.

The wrongful death lawsuit states that Starline Tours has “long been on notice of the risk of instant death presented by these double-decker buses. Despite this notice, (Starline) continues to needlessly and recklessly … transport the public on these double-decker buses.”

Mason’s family seeks unspecified damages in their wrongful death lawsuit.

The Strom Law Firm Can Help with A South Carolina Wrongful Death Lawsuit

The unexpected loss of a loved is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs.

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to file a South Carolina wrongful death lawsuit. A SC wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members in a wrongful death lawsuit may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Tracy Morgan Fighting Traumatic Brain Injury After Car Accident

traumatic brain injury

Tracy Morgan May Not Be The Same Due to Traumatic Brain Injury Following Car Accident

traumatic brain injuryAttorney for comedian Tracy Morgan says his client is struggling to recover from a traumatic brain injury after his car accident involving a tractor trailer over the summer, and he may never be the same again.

Five months after the car accident with a tractor trailer working for Walmart, star of hit comedy series “30 Rock” may not have suffered just a broken nose, leg, and ribs, but also a traumatic brain injury.

The tractor trailer accident also killed one of Morgan’s friends and fellow comedian James McNair, who performed under the name Jimmy Mack.

“Mr. Morgan is a fighter,” Benedict Morelli, Morgan’s attorney, said in an interview. “He’s fighting to get better. And if there’s a chance for him to be back to the Tracy Morgan he once was, he’s going to try to do that. But we just don’t know because of the severity of the injuries that he sustained and the fact that he had such a severe brain injury.”

About 1 AM on Saturday, June 7th, Tracy Morgan’s limo van was hit by Roper’s truck on the New Jersey Turnpike. The collision killed one of Morgan’s fellow comedian passengers, James McNair, who performed under the name Jimmy Mack. Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident.

After Tracy Morgan filed a personal injury lawsuit against Walmart for negligence on the part of their employee, the company stated in September that the lawsuit was unfounded.

“Upon information and belief, plaintiffs’ injuries, if any, were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seat belt restraint device,” Walmart’s court papers said.

On Tuesday, November 18th, Morelli and attorneys for Walmart met for a scheduling conference. Morelli stated the extent of Morgan’s injuries, including signs of what could be a traumatic brain injury, which could mean the comedian would never fully recover, continue his popular career, and would need a lifetime of medical attention.

“When you have a traumatic brain injury, it takes a very long time to find out how you’re going to do and how much you’re going to recover,” Morelli said. “So that’s where he is. He’s still fighting and trying to live his life at the same time and trying to get better, and he’s just not better. We’re hoping and praying to get him back to where he was.”

The Strom Law Firm Can Help Traumatic Brain Injury Victims

Traumatic brain injuries occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Traumatic brain injury may be the result of a:

For many victims, a traumatic brain injury is not immediately noticeable. A great amount of force does not need to be applied to sustain a head injury.

If you or a loved one have suffered a traumatic brain injury as the result of an accident, defective product, or negligence, the Strom Law Firm can help. We understand the emotional and financial impact of serious personal injuries. Our firm offers free consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800.

4 Passengers File Personal Injury Lawsuits Against Megabus

Megabus

After Megabus Accident, 4 Passengers File Personal Injury Lawsuits

MegabusOn Tuesday morning, October 14th, a Megabus bound for Chicago suffered a severe crash that left at least 26 of the 56 passengers injured, with 6 of those injuries considered serious. A total of 18 people had to be taken to area hospitals after the crash.

Investigators blamed the Megabus accident on driver inattention, and more recently have pinpointed the cause of distraction to be malfunctioning windshield wipers.

On Wednesday, October 15th, four of the passengers on the Chicago-bound Megabus filed a personal injury lawsuit against the company. The passengers filing against Megabus suffered numerous different injuries, including a separated shoulder, lost teeth, and facial cuts requiring stitches.

“The passengers reported hearing the bus driver complain that the windshield wipers were not working, and it was difficult to see the road in the rain,” a prosecutor said in the statement on behalf of the personal injury plaintiffs. “We suspect a malfunction in the windshield wipers prevented the bus driver from adequately seeing the road and contributed to the crash.”

“It’s a very traumatic event for them to wake up from a sleep having the bus turn over, you’re face-down in broken glass and you have bodies flying down on top of you, causing physical injury.”

The plaintiffs claim in their personal injury lawsuit that the driver announced to passengers on the Megabus that the windshield wipers were not working. That distraction, along with driving too fast, and improper driver training, led the passengers to file their personal injury lawsuit against the company.

Investigators with Indiana State Police, who were at the scene of the Megabus accident, said that there did not appear to be any mechanical problems with the bus itself that would have caused the accident.

This is not the first bus accident issue that Megabus has faced. The service has quickly spread across the US and remains popular because of its low cost. However, the company has had several high-profile accidents in the past few years.

In August 2012, for example, a Megabus on route to Chicago blew out a tire which led to dozens of injuries and one death. Although the driver was credited for not reacting in a way that would have caused further severe injuries, the bus itself suffered from lack of maintenance. One week later, however, another Megabus in downtown Chicago struck and killed an elderly woman. The day after that, a Megabus headed to Charlotte, NC caught fire.

“All Megabus.com companies have had a DOT audit within the past 6 months and all have been given the highest rating achievable by the DOT, which is satisfactory,” spokesman Sean Hughes said in a statement. “The trip had two drivers, which is a normal Megabus safety procedure and above the federal requirement for overnight trips. The drivers signed on at 10 pm the night before, and were on duty for a total of 6 and a half hours when the incident occurred.”

Although the company has not suffered an accident this serious in at least two years, Megabus drivers have been cited for 7 traffic violations, and 6 violations of hours of service on the road – meaning the drivers could be tired or poorly trained, which would lead to terrible accidents, personal injury, and death for passengers and drivers alike.

The Strom Law Firm Represents Those Suffering Personal Injury from Road Accidents

If you have suffered a serious personal injury or the wrongful death of a loved one due to another person’s negligence, including in a car accident or DUI case, contact our South Carolina Accident Lawyers for a free consultation to discuss the facts. 803.252.4800

Driver In NYC Tour Bus Crash Arrested for DUI

bus crash

Tour Bus Driver Arrested for DUI After Bus Crash Causing Numerous Injuries

bus crashThe driver of a double-decker tourist bus in New York City has been arrested on DUI charges after causing a bus crash with another tour bus late on Tuesday night.

The tour bus crash occurred around 8:30 PM on Tuesday evening. A Gray Line bus, carrying five passengers and a tour guide, came to a legal stop with its lights flashing, when the CitySights bus – which only had the driver and a tour guide on board – crashed into the right rear of the Gray Line bus. The tour bus crash caused the Gray Line bus to jump onto a side walk and knock over a light pole, injuring several pedestrians. Three pedestrians had serious but not life-threatening injuries, while others sustained minor injuries.

“We are very, very fortunate that there were not more injured,” a deputy fire chief, Roger Sakowich, said.

William Dalambert, 58, was arrested on DUI charges after failing a field sobriety test. While a Breathalyzer test did not register any alcohol in his blood stream, arresting officers said the driver was clearly impaired, and was taken to jail for a blood test. The results of the blood test have not been released.

“Twin America is committed to the highest standards of safety and customer service and in addition to cooperating with local authorities, we are simultaneously conducting a thorough internal review of our safety rules and driver protocols,” said David Chien, a spokesman for Twin America, which is the parent company of both bus lines.

Driving under the influence, whether it is from alcohol or drugs, is a serious offense in all 50 states. DUID charges in South Carolina can lead to jail time and fines, and injury along with a DUI can lead to felony charges.

DUI Accident and Wrongful Death Litigation in South Carolina

car accident can transform a routine drive into a life-changing catastrophe. Every year, thousands of drivers end up in a South Carolina car wreck, and on average about 800 of them will lose their lives.

Typical causes of car accidents include driving under the influence of drugs or alcohol (referred to as driving under the influence, or DUI), automobile defect, failed maintenance, failing to be careful, speeding, running stops signs or stop lights, failing to yield the right of way, not paying attention because of using cell phone or PDA, adjusting radio or DVD player, or eating while driving.

If a loved one dies as a result of the negligence, recklessness, DUI, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

Common wrongful death claims arise as a result of a:

The Strom Law Firm Can Help with DUI Car Accident Injury and Wrongful Death Cases

Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed through no fault of your own, whether from a defective product or in a DUI car accident, you may have a personal injury or wrongful death case. Contact the South Carolina personal injury accident attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800