Buffalo, N.Y. (WBEN) - As families of five Thruway tour bus crash victims cope with the loss of loved ones, others hurt will likely join them in filing litigation against the coach company and driver involved in the crash.
"For the wrongful death, obviously you'd have two separate claims. There's a personal injury claim, which covers pain and suffering up to the time of death, and then the wrongful death claim would continue on thereafter, primarily for economic damages," said attorney Harry Forrest in an interview with WBEN.
A lawsuit such as this should cover any medical bills to the point of death, funeral expenses, and lost wages that were going to go to the family, according to Forrest.
Forrest says the extent of the claims for those injured would cover pain and suffering and loss of enjoyment of life.
"Those are really up to a Trier effect, how they determine what the level of damages are, the extent of damages, the monetary value on those damages. So in a case like this where there's severe injuries, and ultimately, in numerous cases, there's death, those damages could be very significant," Forrest noted.
One issue in the investigation is whether passengers used seat belts. Forrest notes that could affect damages awarded.
"Failure to wear seat belts does not exonerate a responsible party. It does mitigate the damages," he said.
If the bus company and the driver are ultimately found responsible for causing the accident and injuries, Forrest says that does not absolve them if there weren't seat belts worn by some of the occupants.
"If there's liability found against the bus company, the jury can look at the responsibility on part of the injured party as well, and that is what's referred to as mitigation of damages," he added. "It's just a reducing of damages if there's a contributing factor by the passenger, so if they fail to wear their seatbelt, and it's found to be made their injuries worse or contributed towards the injuries, then their damages could be reduced accordingly."
According to Forrest, the amount of damage will depend on the extent of injuries.
"It could go from someone that really didn't sustain anything but bumps and bruises could get zero under New York law. Someone that has sustained very severe injuries and or a death was caused, it certainly could be in the millions," Forrest explained.
Ultimately, it is up to the families to decide if and when to file suit.
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