8 Die in Crash on Taconic State Parkway

[tezi]

Who is Daniel Longo? There were eight people killed in the wreck and there were six in Diane's van and two in the Bastardi's vehicle.

Five in Diane's car. Diane, her daughter, and three nieces, plus Diane's son who was injured. Three in the Bastardi's car, the dad, the son, and Mr. Longo.

 

[robinparten]

I think the brother has told the full truth and that it has been reported - DS called him and was feeling disoriented and having visual disturbances. This concerned the brother greatly, so he told her to pull over and he would come get her. Obviously, he felt comfortable that she had done what he asked.

It seems to me that on his way to find her, he then couldn't get in touch with her (because she had ditched or forgotten her phone) and couldn't find her. Then he called the police.

I don't think there is anything more than this. I think the full truth about her state of mind from his perspective was that she was having a physical, medical problem.

The full truth from her perspective will never be known, but I think she was terrified of being caught loaded by her family. Her substance use affected her differently that day that it usually did - feeling so badly, she knew she would have a hard time hiding it.

Yeah, but she was on the phone with him for 9 minutes, I would like a more complete description of that conversation. 9 minutes is a pretty long time.

 

[DeeMarie]

I watched the Today Show interview with the sisters of the other family. All Mr. Schuler and his lawyer are doing is making things worse for the others, IMO.

Mr. Schuler nor his lawyer can explain why Mrs. Schuler had undigested vodka in her stomach, nor can they explain why her BAC was .19, without saying there is some vast conspiracy in the ME's office and with the State Police. It looks like to me that they are taking a page out of Muhammed al Fayed's playbook. Instead of just saying that she made a mistake and they are sorry for everyone's loss, they are attempting to shift the blame. I wonder how the family of the their three nieces feels to see this all going on?

Obviously, no one forced her to drink that much and apparently she had a problem with alcohol, even if no one else knew about it. It is a very sad situation.

My mother was an alcoholic who killed two people in a drunk driving accident. At that time, I was estranged from my mother because I would not allow my children to see how I grew up, hiding the "big family secret." However, even if I had not been estranged from my mother, I would not have made any excuses for her behavior. I felt terrible (and still do feel terrible)for the families of the people she murdered. And it wasn't as if I didn't try to get her to accept help in the past. I tried numerous times to get her into rehab, only to have her leave the center as soon as I did. My mother passed away over seven years ago due to complications from her chronic alcoholism, at no time did she ever express any sort of remorse for what happened in the past. I understand that was a part of her disease. I'm happy to say I don't drink, I had seen enough to guarentee I would never drink!

Mr. Schuler needs to understand what he is putting the other families through by his statements. I understand he is denial. But, he needs to just step back from the spotlight and let the chips fall where they may. By all means, if it makes him feel better to have a second autopsy done, he should do it and pay for it. But, I am pretty sure the results will be the same.

JMO, IMHO, and all other disclaimers.

Many many Thanks for sharing your story.
My mother abused prescription drugs when we were little and she drove with us in the back of the car all the time. There were a lot accidents. We had to watch the road for her as little girls and tell her when the light was red or green-etc.

I think that it all comes down to money. There are lawsuits down the road and Mr. Schuler will be sued. Because of this he is not telling the truth.

 

[Native New Yorker]

She may well have been on anti-depressants, but nothing was mentioned from the autopsy.

Now, as to my comments, I never said that no one should take these drugs, rather, I said that it is an easy out for many ( DOCTORS), speaking from personal experience. It is far easier to give some patients a pill, rather than address underlying causes of depression, some of which can be diet and exercise related.
I also feel that many little boys are medicated for being normal little boys, who do not want to sit at a school desk, etc. Again, this is from MY personal experience, and I never said that NO little boy should take Ritalin, etc.!
Hope this clarifies my remarks, as they are MY opinion, based on MY experience

In Diane's case, I do not feel that SSRI's played much of a role, and I really do not think we need to revisit this issue....

 

[SleuthyMama]

... Lowenkopf said autopsies can show underlying conditions that cause a TIA, including narrowing arteries and a damaged heart. Westchester authorities said the autopsy showed no underlying conditions.


http://www.newsday.com/long-island/nassau/attorney-schuler-eyes-stroke-as-crash-cause-1.1360916



btw, this article also reports the son was released from the hospital today... but the reporter wasn't sure if he went home or to another medical facility.

On ABC Eyewitness News this morning it was reported that Brian was taken to a rehab facility. I think this little boy has a very long road ahead of him in many ways.

 

[Vegas Bride]

Many many Thanks for sharing your story.
My mother abused prescription drugs when we were little and she drove with us in the back of the car all the time. There were a lot accidents. We had to watch the road for her as little girls and tell her when the light was red or green-etc.

I think that it all comes down to money. There are lawsuits down the road and Mr. Schuler will be sued. Because of this he is not telling the truth.

Because she was not driving her own car, but her brothers van, will her brother end up being sued? Will her husband not be sued since it did not involve a vehicle with his insurance?

VB

 

[Kat]

Because she was not driving her own car, but her brothers van, will her brother end up being sued? Will her husband not be sued since it did not involve a vehicle with his insurance?

VB

That's a very good question VB. Does anyone know if that state is a no fault state? Just curious.

I think it depends on a lot of things. What I mentioned above is one, then how the insurance companies (of the drivers involved) look at the accident.

Also, was she an authorized user on her Brother's policy? Was she covered driving someone else's car under her own policy, and her own insurance company will have to pick up the bills for the wreck and victims?

What's the ceiling on the amount the insurance company will pay to the victims?

(A lot of that info can be found, I just don't have time to look for it today. TIA for anyone that knows or can find something to explain).

Also, if the expenses can't be recouped from the insurance company, then does that state allow for civil suits brought forth by the victims?

It may very well be that her husband can be sued for the difference. No need to prove that he knew she was driving drunk that day.

That's what I had in mind when I suggested a civil suit on down the road. Not criminal charges against the husband but damages and etc. being brought against the Husband because he is her beneficiary (inherits the estate) I would imagine.

 

[southcitymom]

Because she was not driving her own car, but her brothers van, will her brother end up being sued? Will her husband not be sued since it did not involve a vehicle with his insurance?

VB

Any insurance company attached to this accident has exposure, to include insurance held by the three men. Probably, at the very least, her brother's insurance company AND her own (or hers and her husband's) insurance company will be sued. If there is any umbrella coverage or even homeowners coverage for the parties, that may be gone after as well.

It all depends on what type of insurance they had and how the policies are written. I'm sure ALL the attorneys are investigating that right now and letters have been sent to them (the companies) requesting a copy of the full policy and all riders as well and putting them on notice.

I do hope there is "enough" money available. Money, of course, does little to ameliorate a tragedy of this scope, but it is the only tangible thing that can be sought in a civil suit.

 

[capoly]

Yeah, but she was on the phone with him for 9 minutes, I would like a more complete description of that conversation. 9 minutes is a pretty long time.

I'd like to know who made this call to her and what was said:
"At 12:08 p.m., Ms. Schuler received a call, but it is not yet known who made the call, Mr. Ruskin said."

http://www.nytimes.com/2009/08/08/nyregion/08crash.html

Anyone know more on that call? Haven't found any update on it. TIA

 

[Vegas Bride]

http://www.newyorkcarinsurance.com/nyilaws.php

This link does say NY is a no-fault state, however it also says that you would not have coverage for yourself if it is proven you were driving impaired and that helped cause the accident.
I'm sure it will be a mess to get all the insurance companies to agree to what they'll cover. I hope there is a lot of coverage for the 5 yo boy!

VB

 

[lew657]

I have a good friend who is an insurance agent and he confirmed that in most states your insurance does not cover you if the accident occurs while you are commiting a criminal offense. She can be charged with DUI (DWI) after the fact - if she is it is likely her insurance will not cover.

Diane was complete at fault here - she was an adult, and made some very bad choices that day, the consequences of those actions were paid by many more than just her. If there is any insurance money it should go to that poor little boy - who lost his mom, sisters, cousins and most likely his aunt and uncle that day. This little boy is going to have a long and painful battle ahead of him. If there is any money that comes of this it should go to helping him.

 

[bogeygal]

I'd like to know who made this call to her and what was said:
"At 12:08 p.m., Ms. Schuler received a call, but it is not yet known who made the call, Mr. Ruskin said."

http://www.nytimes.com/2009/08/08/nyregion/08crash.html

Anyone know more on that call? Haven't found any update on it. TIA

I remember hearing that when the preliminary presser was being prepared before going live on air. They were recording Mr. Schuler's atty prepping the press. I could have sworn I heard him say that there was a 4th call or something that they were trying to investigate for more information. I would think though now that LE would have that number on the cell phone records. Who knows. eta: It's possible that the call may have been from someone who called 911 witnessing the driving of Mrs. Schuler. Now I'm not sure anymore!

 

[robinparten]

I have a good friend who is an insurance agent and he confirmed that in most states your insurance does not cover you if the accident occurs while you are commiting a criminal offense. She can be charged with DUI (DWI) after the fact - if she is it is likely her insurance will not cover.

Diane was complete at fault here - she was an adult, and made some very bad choices that day, the consequences of those actions were paid by many more than just her. If there is any insurance money it should go to that poor little boy - who lost his mom, sisters, cousins and most likely his aunt and uncle that day. This little boy is going to have a long and painful battle ahead of him. If there is any money that comes of this it should go to helping him.

If anyone gets any money from this, it will be the men whose car was hit. I think Daniel Schumer will end up losing his house and anything else of value over this, and I think the little boy is going to continue to suffer, both financially and emotionally, for years to come.

 

[zippitydoda]

That's a very good question VB. Does anyone know if that state is a no fault state? Just curious.

Also, if the expenses can't be recouped from the insurance company, then does that state allow for civil suits brought forth by the victims?

snipped by me...

NY is a no fault state.

http://www.preferredconsumer.com/legal/articles/new_york_automobile_no_fault_law.html

Anyone can attempt to sue anyone for anything at any time.

I believe that I've heard the attorney for the Bastardi family state that they have, or will, file a civil suit againast DS and her estate. He noted their intention is to seek answers, not money.

The legal eagles here can confirm, but I don't believe they can touch his home, unless he is found to be culpable.

 

[PrayersForMaura]

wow, she now has a wikipedia page
http://en.wikipedia.org/wiki/Diane_Schuler

 

[Kat]

NY is a no fault state.

http://www.preferredconsumer.com/legal/articles/new_york_automobile_no_fault_law.html

Anyone can attempt to sue anyone for anything at any time.

I believe that I've heard the attorney for the Bastardi family state that they have, or will, file a civil case againast DS and her estate. He noted their intention is to seek answers, not money.

This is off topic to this thread but the intention of seeking answers and not money jiggled a memory in my mind about the man that drove intoxicated the wrong way on a Highway in KY and struck a bus of children and adults.

There were several lawsuits that resulted and took many years to resolve, but the one that stuck in my mind was the lawsuit brought about by the parents of one child that perished. They asked for this settlement: That every year on the anniversary of the crash, the perp (who lived through the crash) had to send a one dollar bill to the family. So that they knew he would never forget that day.

 

[southcitymom]

If anyone gets any money from this, it will be the men whose car was hit. I think Daniel Schumer will end up losing his house and anything else of value over this, and I think the little boy is going to continue to suffer, both financially and emotionally, for years to come.

Daniel Schumer's assets are safe. His assets cannot be taken because he cannot be held responsible for his wife's tort. I read an article with some attorneys talking about it a few days ago, but I do not know where the article is. That's the way it is in Georgia also. Some states are a little different.

I have worked on a couple of GA cases where there were multiple injured parties and multiple insurance companies equalling X amount of coverage for X amount of victims. The attorneys and the insurance companies usually all get together and decide how to fairly divide the money.

In my opinion, all the families who lost members or had members injured (Diane's brother AND the three men AND Diane's husband, for her son) should be compensated from any insurance proceeds.

As someone pointed out, most insurance policies are written to say basically "we won't pay if the person causing the accident was doing something wrong," but my experience with this is that they DO pay. I have been involved in a number of cases where a drunk driver hit and injured someone - in every case, the insurance company offered money - if the person was badly hurt, they offered their policy limits.

 

[southcitymom]

snipped by me...

NY is a no fault state.

http://www.preferredconsumer.com/legal/articles/new_york_automobile_no_fault_law.html

Anyone can attempt to sue anyone for anything at any time.

I believe that I've heard the attorney for the Bastardi family state that they have, or will, file a civil suit againast DS and her estate. He noted their intention is to seek answers, not money.

The legal eagles here can confirm, but I don't believe they can touch his home, unless he is found to be culpable.

I'm no legal eagle, but I'm sure you are correct that his assets are safe.

 

[Native New Yorker]

I will look for the citation, but I read that the mysterious phone call was from another Schuler relative...wonder why they will not say who????

 

[tezi]

Many many Thanks for sharing your story.
My mother abused prescription drugs when we were little and she drove with us in the back of the car all the time. There were a lot accidents. We had to watch the road for her as little girls and tell her when the light was red or green-etc.

I think that it all comes down to money. There are lawsuits down the road and Mr. Schuler will be sued. Because of this he is not telling the truth.

You are welcome. It's not a story I really like to share. It is very difficult to know that my mother murdered two people by her stupid actions. And she ruined countless lives.

I think that Mr. Schuler may have his own issues with alcohol, and that's way he's saying his wife didn't have any. Plus, they worked different shifts, so they probably weren't around each other a lot of time. Isn't he in LE in some capacity? Isn't that why his attorney refused to allow any questions about the pot use? I can bet he'll be drug tested when he goes back to work!

Thank you for sharing your story also.