The parents of triplets involved in a school bus crash have filed a personal injury lawsuit naming both the driver of the school bus and driver of the overloaded dump truck that it collided with, as well as the companies that employed them, as reported by the Burlington County Times.
Of the 11-year-old triplets, one child died at the scene and the other two sustained serious injuries. Their parents, A.T. and S.T., filed the lawsuit on April 18 in Mount Holly Superior Court. They are seeking unspecified damages.
Attorney Dion R. Rassias, representing the family, said in the lawsuit, "This case involves a heartbreaking, preventable tragedy in which an overloaded dump truck traveling at an excessive speed failed to avoid a school bus loaded with children that failed to observe oncoming traffic before attempting to cross a high-speed intersection."
The National Transportation Safety Board and the Chesterfield Police Department are currently investigating the crash that occurred on the stretch of road between Old York and Bordentown-Chesterfield. The lawsuit is based on findings already made by both entities.
J.T., 66, the school bus driver, has been cited for failure to stop or yield in connection with the collision. M.C., 38, along with Herman's Trucking of Wrightstown, have been charged with violations in regards to the truck – being overweight at the time of the crash, having inadequate brakes and the load being improperly secured.
The construction companies at the site where the truck was allegedly overloaded is named in the suit as South State Inc. of Bridgeton, Cumberland County, and Wynham Construction LLC of Blackwood, Camden County.
The bus company that employed J.T., Garden State Transportation of Southampton, is also a defendant.
M.C. has been cited for negligence leading to the death of one child and the injury of two others – not only due to the truck's weight, but also due to driving at an excessive speed and not being mindful of the dangers of the road.
A driving suspension that M.C. received in 2003 – for reckless driving – is noted in the suit as a forecaster of future reckless driving.
The suit states, "Herman's Trucking knew or should have known the single greatest predictor of whether or not a commercial motor vehicle driver will be involved in a future accident is if they have a prior reckless driving violation. ... (It) increases the likelihood of the driver being involved in a future crash by 325 percent."
In regards to J.T., the suit claims that he only had three weeks of bus driving experience prior to the crash – concluding that the company failed to take the time to train him properly.
Safety board investigators determined that J.T. failed to make a sufficient stop prior to entering the intersection, as he attempted to get a better view of the road ahead. M.C. claims to have seen the bus but was unable to prevent the collision.
The two surviving triplets have sustained injuries, according to the suit, that "may involve permanent loss of bodily function, permanent disfigurement or dismemberment."
A personal injury, one in which you are not at fault, is grounds for a lawsuit. Along with monetary compensation, change to policies can also be an outcome for the good of all. Contact a personal injury lawyer today to discuss your case.