On August 2, a Megabus double decker vehicle carrying 81 passengers struck
an overpass pillar on Interstate 55 about 55 miles outside of St. Louis
in Illinois killing one passenger and injuring numerous other passengers.
Initial statements from the Illinois State Police indicate that the cause
of this accident was one of the tires on the
bus blowing resulting in the bus veering off the road. However, a full investigation
is underway and is not expected to be completed for a few weeks.
Among the injured were Lewis Vaughn IV, a 24 year, who sustained two broken
legs, fractures to his arm, hip and pelvis, as well as a crushed ankle
and heel according to his attorney, Joseph A. Power, Jr. , of Power Rogers
& Smith, P.C. Mr. Power filed a lawsuit on Mr. Vaughn’s behalf
on August 14, 2012 in the Circuit Court of Cook County against Megabus
and their driver alleging, amongst other things, that they failed to properly
maintain and inspect the bus, including the tires. Additionally, Mr. Vaughn’s
lawsuit alleges that the driver was negligent in his operation of the
bus by operating the bus at a speed that was too fast for the conditions
as well as failing to avoid the collision.
In addition to the lawsuit filed on Mr. Vaughn’s behalf, Mr. Power
has also filed a lawsuit against Megabus and their driver on behalf of
Mary Jane Klein, her two young sons, Brandon and Nicholas Eckstein, and
her relative Eleanor Klein for the injuries they sustained in the crash.
The Klein Family were passengers on the Megabus headed to St. Louis to
visit relatives when their trip was ended before they even arrived to
see their family as a result of this bus accident.
According to their attorney, Mr. Power, the Klein Family members all suffered
various injuries in the Megabus crash, with Nicholas being the most severely
injured of the family members suffering a broken shoulder, wrist, ankle,
and leg. The lawsuit filed on behalf of the Klein Family members is also
against Megabus and the driver of the bus alleging similarly to Mr. Vaughn’s
suit, that Megabus failed to maintain and inspect the bus, including the
tires, and the driver was negligent in his operation of the bus.
Immediately after filing the lawsuits on behalf of Mr. Vaughn and the Klein
Family members, Mr. Power filed a Motion for a Protective Order that was
granted by the Honorable Judge Kathy Flanagan of the Circuit Court of
Cook County. This protective order will cause Megabus to protect and preserve
evidence related to the accident. As Mr. Power stated, “Preservation
of evidence in this case is critical. If the evidence is lost –
for example, the blown out tire – the Plaintiff will have a much
more difficult time proving his claim and understanding how this tragedy
occurred. That is why it is imperative that we moved for a Protective
Order immediately upon filing this lawsuit.”
The Plaintiffs are represented by Joseph A. Power, Jr; Larry R. Rogers,
Sr.; Thomas M. Power; and Devon Bruce of Power, Rogers & Smith, L.L.P.