Schoharie Limo Crash: NTSB Says Seat Belts Might Have Saved Lives

A federal report released by the National Transportation Safety Board Wednesday says proper seating and seat belts might have saved the lives of the passengers in the limousine crash Oct. 8, 2018 in Schoharie, New York. NTSB chairman Robert Sumwalt called crash, the most deadly transportation incident in the United States since 2009, "horrific."

The 2001 Ford Excursion SUV stretch limo was traveling well over 50 mph when it ran a stop sign and crashed into a parked 2015 Toyota Highlander before colliding with an embankment on the far side of a ravine. As a result of the crash, 20 people died, including all 17 limousine passengers on a birthday excursion, the driver, and 2 people standing near the Highlander.

The NTSB's report includes the first publicly released photos.

The damage was too intense in the front seat for the driver to survive, but not in the passenger section, federal officials said.

However, the installation of the bench seats was inadequate, the lap belts were inadequate and improperly positioned, and the passengers didn't put the inadequate belts on. The seat belts were under the bench seats and invisible, the NTSB said.

Because survival space was maintained in a portion of the passenger compartment and the passengers may have had an opportunity to ride-down the crash forces in the Schoharie crash, injuries to occupants within the passenger compartment might have been mitigated by a combination of adequate seat integrity, well-designed passenger lap/shoulder belts, and proper seat belt use. These were not available in the crash limousine.

Examination of three other similar limousines used by Prestige Limousine showed that, in the perimeter bench seats, the lap belts were also under the seats, rendering them inaccessible to passengers. After the Schoharie crash, NTSB investigators had to remove the bench seats to gain access to the seat belts.

Inspection of the other limousines owned by Prestige Limousine and visits to other limousine companies indicated that seat belts in the non-OEM perimeter seating areas are often not accessible to passengers.

Among the NTSB's other findings:

• The 2001 Ford Excursion was significantly modified. It was stretched 144 inches and the interior in the stretched region was reconfigured with perimeter-style bench seating.
• The NTSB found the side- and rear-facing bench seats failed in the direction of the crash forces and that the strength of these seats and their anchorages were inadequate during the crash. In comparison, the original Ford passenger seats in the rear of the vehicle remained attached to the floor and intact.

NTSB officials said the New York Transportation Department should, in the regular inspection process, make sure all limo seat belts are accessible and functional. The NTSB also reiterated an earlier recommendation that the state pass legislation that provides for primary enforcement of a mandatory seat belt use law for all vehicle seating positions equipped with a passenger restraint system, including passenger seats in limousines.

The DOT issued a statement in response. Commissioner Marie Therese Dominguez said:

The NTSB recommended that New York incorporate the inspection of seatbelts for functionality and accessibility into the NYSDOT biannual vehicle inspection process -- something that in fact has been standard protocol in our process since the early 1990s and are incorporated into the Code of Rules and Regulations for New York State.
The seatbelt requirement has been a top priority of this administration to ensure safety on our roads. This past January, as part of the State Budget, Governor Cuomo put forth strong legislation requiring that all occupants of all vehicles wear seatbelts - the third year in a row in which he called for strengthening the state’s seat belt laws. It is extremely unfortunate these important measures have been repeatedly rejected by the legislature. We urge all lawmakers to join this crucial public safety effort and finally pass the requirement into law during the next session.

"Stretch limousines are the vehicle of choice for so many happy occasions, from family events, to birthdays, to weddings to the annual ritual of prom. We need to make sure we are doing everything we can to prevent the operation of these vehicles in an unsafe manner that could put our children and our loved ones in danger," said state lawmaker Amy Paulin. "Last year, I introduced a bill (A.2157-A) requiring stretch limousines to have two seat belts in the front seat, a seat belt for every passenger in the back cabin that are clearly visible, accessible, and in good working order, and a sign urging passengers to buckle up. My bill is even cited within the NTSB report. The Assembly passed that bill, and I urge my Senate colleagues to take it up as soon as possible."

The NTSB also called for new national requirements for seating and seat belt systems on limousines. The recommendations:

• The National Highway Traffic Safety Administration require lap/shoulder belts for each passenger seating position on all new vehicles modified to be used as limousines.
• The NHTSA also require seating systems in these vehicles to meet minimum performance standards to ensure their integrity during a crash.

“It’s disheartening to learn that some passenger vehicles are legally on the road that don’t offer passengers well-designed seats and seat belts,’’ said NTSB Chairman Robert L. Sumwalt. “All vehicle occupants should have the same level of protection, wherever they are seated. And everyone should use seat belts whenever they are available.”

The Schoharie limo hadn't been properly registered, had not been certified, and had been ordered out of service by a DOT inspector for various safety problems, according to the Albany Times Union.

Criminal and civil cases are in the courts. The operator of Prestige Limousine, Nauman Hussain, faces 40 counts of second-degree manslaughter and criminally negligent homicide. A local Mavis branch that inspected the limo has also been sued by family members, the Times Union reports.

The New York State police said the Schoharie crash was caused by catastrophic brake failure, but the NTSB said it had not reached that conclusion and would continue the investigation. The NTSB's preliminary report in February shed no new light on the cause of the crash.

SEE ON PATCH:

• 'Horrific' Schoharie Crash Kills 18 Inside Limo, 2 Pedestrians
• Schoharie Limo Crash: 20 Confirmed Dead
• Schoharie Crash: Limo, Driver Should Not Have Been on The Road
  
• Limo Company Manager Free On $450K Bond