Posted: September 14, 2013
Greyhound Bus Accident News Update and Caution
A Greyhound bus crashed in Liberty Township on Interstate 75 late last evening. According to news reports from WLW which apparently broke the story the accident occurred north of Cincinnati near State route 129 in Butler County, Ohio. Apparently just south of Monroe Ohio
The bus just ran off the side of the rode. No explanation has been given at this time. There were 51 people on the bus and over 31 were hurt. The types of injuries varied from bruises and contusions, sprains and strains, to serious fractures and multiple other injuries.
5 of the most seriously injured were air carried to various trauma centers. University Hospital in Cincinnati has not give any statements not have any other trauma hospital at this time. A further report on the injured was that the toll was now 34 .
The Ohio state highway patrol is investigating. There was a story circulating that the driver slumped over the wheel second before the crash.
Commentary
Will Greyhound bus company try to avoid fault
The fact that there is a story circulating that bus driver slumped over brings in this personal injury lawyer's mind the idea that the bus company will try to avoid liability by claiming Sudden Medical Emergency. This is a defense to an otherwise seemingly negligent act. For instance if someone had a heart attack that could not have been forseen, then there may not be responsibility on the part of the driver and his employer, the Greyhound bus company.
In the case of Roman v. Estate of Gobo the Ohio Supreme court reviewed this defense and found it available to defeat recovery. This case dealt with a heart attack. To defeat this defense it is critical to get all the records of the bus driver including medical records and work records. You need to show that this if this was some type of illness, it was a disease that was known to the driver and one that could come on and cause a heart attack. There must have been a complete blackout without warning.
Not too long ago I prosecuted an injury claim for my client where the defense attorney claimed a diabetic coma was a sudden medical emergency. However on closer scrutiny this person knew for many years they had diabetes. Even to the point of having toes amputated. She did not check her blood sugars that day. The defense in my mind was completely discredited and a settlement was reached.
Hopefully the police investigation will nail this down. But they do not have the opportunity to be as thorough since they may have trouble getting medical records.
The moral is always be prepared when a large business, such as a bus company hurts you or in fact on any insurance claims settlement. A thorough examination and preservation of the evidence is critical .
About the author
Anthony Castelli Attorney is an Ohio personal injury lawyer with over 32 years experience with bodily injury claims. He can be reached at his toll free number 1-8o0-447-6549
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