Bing Chen Queens: Bing Nuan Chen Killed In Queens School Bus Accident on 73rd Place In Middle Village
QUEENS, NEW YORK (November 6, 2019) – An 83-year-old pedestrian identified as Bing Nyan Chen has tragically died in a school bus accident on 73rd Place in Middle Village.
New York police officials are saying that the accident took place around 8:30 a.m. as the school bus driver was turning left onto 67th Drive. The school bus driver hit Bing Nuan Chen causing him to be knocked to the ground.
Paramedics were called to the scene in order to help the victim. Despite life-saving measures Bing Nuan Chen was pronounced dead at the scene just a few blocks away from his home in Middle Village.
The 56-year-old school bus driver who works for First Steps Transportation Inc. has been suspended by the education department. A full investigation remains ongoing.
Neighbors, however, are saying 73rd place has no traffic signals or stop signs for blocks and is notorious for speeding.
Liability In New York School Bus Accidents
Generally speaking, school buses are extremely safe. In fact, the NHTSA has estimated that children are nearly 70 times safer taking a school bus than being transported to school in a car. According to USA Today, “From 2004 to 2013, U.S. drivers were involved in 340,039 fatal motor vehicle traffic crashes, […] Of those, 1,214, or just .4%, were classified as “school-transportation-related.” Unfortunately, this safety does not extend to pedestrians who must navigate around school buses. In far too many circumstances, pedestrians are seriously injured or killed by negligent school bus drivers.
School buses are considered “common carriers” under the law. A common carrier is any company – public or private – that transports people or goods for a fee. They are held to a high standard in terms of driving safely. Drivers must be vigilant and operate the bus according to the prevailing conditions of the road. One of the major problems with school buses is that they tend to have very large blind spots.
It’s easy for school bus drivers to miss pedestrians in the roadway if they are not being vigilant and checking their blind spots. Generally speaking, school bus drivers will be held liable for accidents if they hit pedestrians while making left-turns. According to New York Vehicle & Traffic Law (Sec. 1411), “The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.” Here are just a few of the most common reasons that left-turn accidents occur.
- Drivers may have an obstructed view while turning
- Drivers may fail to check blind spots
- Drivers may misjudge the gap of the intersection
- Drivers may be fatigued
- Drivers may be intoxicated
- Drivers may be under the influence of prescription or over the counter medications
In certain circumstances liability for a pedestrian accident may extend beyond an at fault driver. The city of New York could potentially be held liable for failing to install adequate signs to prevent pedestrian accidents. In a recent case from the Court of Appeals, New York’s Highest Court, justices held that NYC could be liable for accidents on streets that don’t have traffic calming measures. In Turturro v. City of New York, a 12-year-old boy was seriously injured in a car accident on a street with a history of speeding. City officials failed to conduct an adequate study of whether traffic calming measures could make the road in questions safer even though they received numerous complaints about the speeding.
The family of any victim that died in a school bus accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills, funeral expenses and emotional trauma. Beneficiaries of a civil claim may include the victim’s spouse, children or siblings. Unfortunately, school districts and cities will often fight vigorously to try to deny liability for an accident. A bus accident attorney can investigate your case free of cost and get you all of the answers that you deserve about what went wrong.
Investigating A Queens School Bus Accident
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Bing Nuan Chen. Any person that may have seen the accident should reach out to the NYPD as they continue their investigation. This was a preventable tragedy that should not have taken place. City officials need to study this stretch of road and look into what safety measures could be put in place to prevent additional accidents like this.
If you or someone that you care about has been involved in a school bus accident there are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights and that proactive steps are being taken to make our streets safer. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at 212-471-5106.