The Trump Administration has decided not to adopt the new federal limousine safety recommendations called for by the National Transportation Safety Board (NTSB). The recommendations were made after the NTSB completed its preliminary investigation into the 2018 limousine accident in Schoharie, New York, which killed 20 people. According to the Albany Times Union, the U.S. National Highway Traffic Safety Administration (NHTSA) last month declined to take up several NTSB proposals that would require rear passenger seatbelts in all new limos and change seating safety requirements.
Tragic New York Limo Accident
In the Schoharie crash, the 17 people riding in the passenger compartment of the limousine, died from catastrophic injuries when the vehicle slammed into a ditch on Route 30A. None of them was wearing a seatbelt. They were thrown from their seats and crushed. The limo’s driver died as did two pedestrians in the store’s parking lot. The NHTSA’s decision will not affect the limo industry in New York, which will be subject to the seatbelt requirements starting next year.
Governor Andrew Cuomo signed new legislation in February requiring stretch limousines to have at least two safety belts for the front seat and at least one safety belt in the rear for each passenger, starting in 2021. This law also applies to existing limos and will need them to be retrofitted to include seatbelts by January 1, 2023.
New State Requirements
The New York State Department of Transportation has said it will inspect limos for the mandatory seatbelts when the new state law takes effect next year. Despite the strengthened regulations in New York, the NHTSA said there was insufficient data at the time for the agency to take up the recommendations on the federal level, which would affect all 50 states. The NTSB found that some of the passengers might have survived if they were wearing seatbelts during the Oct. 6, 2018 crash, which was said to be the worst highway disaster in the United States in at least a decade.
Last year, the NTSB issued a preliminary report on the limo crash and is currently working on its final report. The stretch limo, which was involved in the crash, had seatbelts for rear passengers. However, they were tucked under the seats at the time of the trip, which means they were technically inaccessible. The National Limousine Association has advocated for access to fully functioning seatbelts for all passengers in a limo as part of its lobbying efforts.
Liability Issues in Limousine Accidents
Limousines are typically luxury vehicles that are rented in advance for a variety of events from high school proms to airport rides. When a passenger is injured or killed due to the limo driver’s negligence (carelessness), he or she is covered under New York’s “no-fault insurance law.” This law provides compensation for the victim or the victim’s family regardless of who was at fault for the accident and instructs insurance companies to pay lost wages for up to three years, along with medical and associated costs.
Also, in the event of an injury accident involving such types of vehicles, passengers can seek compensation through the driver’s or the limousine company’s liability insurance. Injured victims can file personal injury claims to recover damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, disabilities, permanent injuries, past and future pain and suffering, etc. The family of a deceased victim can file a wrongful death claim seeking damages as well.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a limousine accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 49 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: https://www.timesunion.com/news/article/Trump-administration-nixes-NTSB-s-call-for-15181426.php