After Farmingdale High bus crash, a push for stronger seat belt protections

When a charter bus carrying 40 Farmingdale High School students on an upstate highway in September 2023 blew a front left tire, killing two adults and injuring dozens of students, just one student was found wearing a seat belt, federal investigators determined.

State Assemb. Bill Magnarelli (D-Syracuse) hopes a new law requiring minors to wear seat belts on charter buses will prevent similar tragedies from occurring in the future.

"We believe this could have prevented some of the injuries of that crash. The purpose is to keep people safe," said Magnarelli.

The assemblyman sponsored the law, which went into effect in April and applies to students between the ages of 8 and 16.

"We need to change a perception, for some reason people think buckling up is hard and uncomfortable — but it’s not and could save your life," he said.

In the 2023 crash, the bus tumbled 541 feet down an embankment off Interstate 84 in Orange County on the way to an annual band trip to Pennsylvania. Popular band director Gina Pellettiere, 41, of Massapequa, and a former teacher and chaperone, Beatrice Ferrari, 77, of Farmingdale, were ejected from the vehicle and died.

A final report by the National Transportation Safety Board, released Thursday, pointed to underinflated, worn tires as the primary cause of the crash. Investigators said injuries as a result of the crash could have been prevented if all passengers were wearing seat belts.

At least 10 students were ejected into the wooded area off the highway. Other students were forced to climb out of the mangled motor coach through broken windows, according to interviews with NTSB investigators.

"Several occupants were able to exit the motorcoach, which came to rest on its side, by crawling through the broken windows on the left side of the motorcoach, the side resting on the ground," the NTSB report said.

Four of the students ejected were seriously injured while the other six suffered minor injuries. Investigators believe a third chaperone and another student may have also been ejected, according to the NTSB.

Investigators said only one student, who suffered minor injuries, was wearing a seat belt. The student was the only person who reported being reminded by chaperones to wear a seat belt. Three other passengers reported wearing a seat belt, but investigators said the seat belts did not appear in use during the crash.

Nearly 50 lawsuits have been filed on behalf of 40 students and three chaperones against the Farmingdale school district; the now defunct bus company Regency Transportation; Bridgestone Tires; and the driver of the bus, Lisa Schaffer.

Attorneys for the victims and their families said the NTSB report reaffirmed what they had suspected about the tires. They blamed the school district, the driver and the bus company for not enforcing the use of seat belts.

"It speaks volumes," said Deanne Caputo, an attorney for the Pellettiere family. "If they had seat belts on, I don’t think Bea and Gina get ejected and kids don’t get tossed around ... There’s a level of reasonable care and supervision for children they should have."

Representatives for the school district, the owner of Regency and attorneys for the bus company and Schaffer could not be reached for comment Friday.

Safety briefings to be proposed

NTSB investigators met with state Department of Education officials in February to discuss safety policies under the new seat belt law. Education officials said they plan to propose changes to the Board of Regents to require charter bus drivers to give pre-trip safety briefings and require seat belts for all passengers.

The NTSB report said seat belt signage was posted on the walls of the bus. The driver announced seat belts were on the bus but had not given a safety briefing and "the school had not requested one," the report said.

The bus driver was also not wearing a seat belt, saying it was uncomfortable. The driver was also seen driving with one hand on the steering wheel and vaping 17 seconds prior to the crash, the report said.

The NTSB said the driver took a drug test after the crash that was negative for drugs and alcohol. Investigators said she was not using her phone or distracted in the minutes before the crash.

At the time of the crash, state law required drivers of all commercial vehicles, including motor coaches, to wear seat belts. A review of Regency by the Federal Motor Coach Safety Administration following the crash found 10 violations, including allowing the driver to drive without a seat belt, according to the NTSB report.

Mark Budner, an attorney representing one of the families, said the NTSB report left some questions unanswered.

“Seat belt usage is the most widespread issue and certain injuries may have been prevented if passengers were belted in, but the crash happens regardless of if seat belts were used,” he said. “I think all the families are working to a resolution that brings those victimized by this tragedy some semblance of justice. Any parent knows that when you entrust children to a school or an organization, you want them to come home safely and more than 40 people did not come home safely that day.” 

Newsday's Darwin Yanes contributed to this story.

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.