Home » Automotive Articles » Poor Highway Upkeep Spurs Suit Against New York State for Wrongful Death
Poor Highway Upkeep Spurs Suit Against New York State for Wrongful Death
On July 26, 2009, New York resident Diane Schuler and eight people were killed as a result of a head-on crash. Her husband has since filed a lawsuit alleging that the state of New York is at fault for allowing unsafe roadway conditions.
August 24, 2011 /Automotive PR News/ -- Poor Highway Upkeep Spurs Suit Against New York State for Wrongful Death
On July 26, 2009, New York resident Diane Schuler drove the wrong way down the Taconic State Parkway, resulting in a head-on crash that killed eight people, including herself and four children who were passengers in the minivan she was driving.
Since then, a heated conflict has raged between Daniel Schuler (Diane's husband) and the families of other victims about the true cause of the accident. Michael Bastardi Jr., who lost his father and brother in the tragic accident, blames Diane Schuler for reckless and impaired driving. However, a new lawsuit filed by Daniel Schuler on July 25, 2011 alleges that the state of New York is truly at fault for allowing unsafe roadway conditions.
Daniel Schuler's Allegations
Daniel Schuler filed the lawsuit on behalf of his son Bryan, who was injured but survived the wreck, and his daughter Erin's estate.
According to suit, the state negligently permitted unsafe conditions on the Taconic State Parkway. Specifically, Mr. Schuler blames negligent design and maintenance, and the state's failure to provide adequate markings, warning signs and barriers. These deficiencies, claims Schuler, allowed his wife to drive the wrong way into oncoming traffic on the Taconic.
Holding the State Responsible for Highway Maintenance/Design
Just days after Diane Schuler's crash, speculation about the Taconic's safety began circling -- it is, after all, a narrow highway that lacks a shoulder. However, the outcome of Mr. Schuler's lawsuit against the state is far from certain.
Generally, a state cannot guarantee the ultimate safety of a given roadway; the government's duty is only to keep highways in a reasonably safe condition. But, if a roadway defect was the actual cause of an accident, the state knew or should have known about the problem and there was ample opportunity to correct it, then a suit for negligent road maintenance could be successful.
The suit seeks unspecified monetary damages for the financial and mental suffering that the crash has caused. The New York Court of Claims is set to decide whether the state will be held liable.
Article provided by Friedman Hirschen and Miller LLP
Visit us at www.friedmanhirschen.com
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