Toll Free: 866-298-0768 Local: 704-296-0055 info@wkg-law.com

School Bus Hazards

School Bus Hazards

School Bus Safety

With our children returning to school this month, we felt it appropriate to review the safety of the buses that carry them.

An update for you on a case that is ongoing for our firm: a young girl severely burned by antifreeze while riding her school bus to Porter Ridge Middle School in Union County. This occurred in May 2015. First we are happy to report that she is continuing to heal and recover but it is a long, hard journey – one she should not have to endure.

Since taking on this case, we’ve discovered a long list of similar incidents around the country involving school buses spraying their young riders with hot antifreeze. From the most recent according to media reports:

June 2016: Alpenhorn, California

Three students injured when a coolant line bursts

May 2015:   Vacaville, California

An elementary special needs student is burned after being sprayed with hot

coolant

October 2015: Lake Arrowhead, California

About 20 middle school students injured with a radiator hose burst and spewed hot

antifreeze

February 2015: Durham, North Carolina

Four elementary students treated after a radiator hose bursts on their school bus

June 2014: Salt Lake City, Utah

Two students burned when hot antifreeze sprays into the school bus cabin

November 2013: Pendleton, Indiana

Several elementary students injured, one hospitalized with burns, after a radiator

hose bursts on their school bus

October 2013: Gresham, Oregon

Children burned after hot antifreeze leaks into the school bus cabin

September 2013: Edgewater, Maryland

Five elementary school children treated for burns from antifreeze on bus

May 2013: Greenville, North Carolina

Four middle school students suffer minor injuries after a radiator hose bursts

April 2013: Wilkes Co., North Carolina

Eight students burned when a hose bursts releasing hot water, hot antifreeze and

steam

May 2012: Knightdale, North Carolina

More than a dozen middle school children burned on their feet after a hot liquid

covered the floor of their bus.

April 2010: Oak Grove, Florida

Four students and the school bus driver injured with a radiator hose fails

October 2008: Sanger Texas

Six middle school students injured with a hot water hose burst

The child injured in Union County in May 2015 was aboard a bus built by Thomas Built. While some of the incidents listed above were noted to involve Thomas Built buses, the manufacturer of all the buses involved has not been confirmed. But as early as September 2013, the state of North Carolina was aware of the failures of heater hose fittings resulting in children receiving burns on feet and legs due to the cracking of plastic fittings in the passenger compartment. Thomas Built only recently issued a recall for affected buses. And a school board member in Salt Lake City is calling for a national movement to address the issue.

We’ll keep you updated as events warrant. Please check back on this website. Also ‘like’ our Facebook page to receive updates on this issue and other topics that affect your life and safety.

Location

The Law Offices of William K. Goldfarb

301 South Charlotte Avenue
Monroe, NC 28112

Local: 704-296-0055
Toll-Free: 1-866-298-0768
info@wkg-law.com

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Property Damage…Who Knew? (PART II)

The Law Offices of William K. Goldfarb is a full service personal injury firm. We handle all aspects of personal injury claims, including property damage. In fact, most of the property damage that our office handles is done free of charge as a courtesy to our clients that come to us seeking assistance with their personal injury claim.

Over the years we have noticed that a vast majority of our clients are unaware of their rights when it comes to property damage. In an effort to help educate people about their rights, our firm has endeavored to start a series of blog posts related to the topic of property damage, entitled “Property Damage…Who Knew?”

You can argue the value of your vehicle with comparables.

Last month we discussed your right, as an injured driver to choose the auto body repair shop your vehicle will be repaired at. This month, we are going to discuss what happens if your vehicle is totaled.

The common term, “totaled” comes from a term of art used in the insurance industry referred to as a “total loss.” A total loss is when your vehicle has been damaged beyond the point of safe repair or when the total costs of the repairs exceeds 70-80% of the total value of your vehicle.

It is important to note that each insurance company has a different threshold for the amount of damages that constitutes a total loss, which is why the range varies from approximately 70-80% of the vehicles total value. In addition to the percentage of the repair bill compared to the value of the vehicle, the are several other factors which insurance companies consider when declaring a vehicle a total loss, such as; the tow bill, storage bill, rental bill, loss of use, tax/ tag/ title fees, and loss of personal property.

Often times an insurance adjuster for the at-fault driver will inform you as an injured person that your vehicle has been declared a total loss, this means that the insurance company has totaled your vehicle. In most cases, the adjuster will make you an offer on your vehicle that he or she says is fair and insists that you accept the offer immediately.  Remember, the insurance adjuster is NOT your friend, in fact they are just the opposite, they work for the people who injured you and are trying to pay you as little as possible for your damaged vehicle.

You do not have to accept the insurance adjuster’s offer. You have the right to argue the value of your vehicle based on what are known in the insurance industry as “comparables.” A comparable vehicle is a vehicle that is similar to your damaged vehicle in every way including location.

If you choose to argue the value of your vehicle based on comparables, your comparable vehicles should be the same make, model, year, mileage, and condition as your own damaged vehicle before the collision.

Use comparative vehicles as a tool to argue with the insurance adjuster to make sure you are getting a fair market value for your vehicle and not just one that the insurance adjuster feels is fair. Once you and the insurance adjuster have agreed on the fair market value for your vehicle, be sure to additionally ask for loss of use (if you did not have a rental vehicle), tax/ tag/ title fees and loss of personal property (if any).

What is an independent appraiser?

Should you not be able to come to an agreement on a fair market price for your vehicle using comparables, there is always one more option you have at your disposal as an injured party. That option is an independent appraiser.

An independent appraiser is an expert in the value and evaluation of personal property such as vehicles. If you decide that you want to employ an independent appraiser, you will have to bear the cost of his or her services, which can range from $100-200 an hour for a report. There is no guarantee that your independent appraisal will be for more than the adjuster’s offer, but often times if the adjuster is being unreasonable, an independent appraiser and the report they generate is the only way to ensure that you are getting a fair price for your vehicle.

Much like comparable vehicles, the report of an independent appraiser can be used to argue your position on your vehicle’s value with the insurance adjuster. One of the perks of employing an independent appraiser is that they are considered experts on the value of your vehicle by our court system. This means that should your property damage have to be settled as part of your personal injury litigation (Court Case), the independent appraiser’s report can be used as evidence as to the value of your vehicle.

Next month we will discuss what happens should you wish to keep your totaled vehicle.

If you have been injured in a collision as a result of the carelessness of another, and need more information about your rights as an injured person, please do not hesitate to contact The Law Offices William K. Goldfarb and speak with a qualified legal representative today.

Property Damage…Who Knew?

The Law Offices of William K. Goldfarb is a full service personal injury firm. We handle all aspects of personal injury claims, including property damage. In fact, most of the property damage that our office handles is done free of charge as a courtesy to our clients that come to us seeking assistance with their personal injury claim.

Over the years we have noticed that a vast majority of our clients are unaware of their rights when it comes to property damage. In an effort to help educate people about their rights, our firm has endeavored to start a series of blog posts related to the topic of property damage, entitled “Property Damage…Who Knew?”

You can choose your own Auto Body Repair Shop.

Your vehicle is one of the single largest purchases you are ever going to make. If you have been in a collision as a result of the negligence of another, in North Carolina, you have the right to choose where your vehicle will be repaired. In other words, you do not have to have your vehicle repaired where the negligent driver’s insurance representative recommends.

There is no law in North Carolina that says, you must have your vehicle repaired at the cheapest auto body shop or that you have to use the one recommended or preferred by the negligent driver’s insurance company.

Take your time and choose wisely. Be sure to choose a reputable established auto body repair shop. Your vehicle’s proper maintenance and repair ensures the future safety of your passengers and yourself.
Speak to others about their interactions with the auto body shop you intend to use, most reputable auto body shop have no issues with providing you references of former customers. Make an informed decision to select an auto body repair facility based on that business’s skills, customer service, knowledge of your particular type of vehicle, the shop’s reputation and guarantee of their repairs.

There is no point in getting a repair estimate from an auto body repair shop you don’t intend on using. The negligent driver’s insurance representative may ask you to get several opinions and estimates. This is pointless; you have the right to make an informed decision as to where you want to have your vehicle repaired. If you have made an informed choice, go with it!

If you have been injured in a collision as a result of the carelessness of another, and need more information about your rights as an injured person, please do not hesitate to contact The Law Offices William K. Goldfarb and speak with a qualified legal representative today.

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