The Family of Amanda Rivenburg, 29, has put New York State on notice. Lawyers submitted an intent to file a claim on behalf of Rivenburg, who was one of the 20 victims of October's Schoharie limo crash.
"We need to get all the records that showed exactly what studies were put into this road because it was modified in 2008," said Rivenburg Family Attorney Sal Ferlazzo.
Ferlazzo says he has filed freedom of information requests for documents from the state that could show the bad design of intersections Route 30 and 30A, where the accident occurred.
"According to my expert who has experience with this very issue, improvements may have worsened the matter," Ferlazzo said.
He suggests the current speed limit of 50 miles per hour, which leads to the intersection, needs to be examined. In his opinon it does not give drivers adequate time to slow down and make a safe stop.
"It goes from a major road to stop sign. That is very rare, especially when you go that fast and make an abrupt stop," Ferlazzo said.
The family has already filed a lawsuit against Prestige Limo Company for their responsibility to the crash, but Ferlazzo says this additional notice addresses the state's alleged role in failing to remove the vehicle off the road.
"The state of New York has a duty to make sure dangerous vehicle's are not on the road. We don't think putting a little sticker on the vehicle and walking away is satisfying that duty," Ferlazzo said.
In New York State the window to pursue a wrongful death claim is 90 days. The current notice extends that window to two years, which Ferlazzo says will give them enough time to review all the evidence.
"We would like to see what the Fed's come up with, and we would like access to the vehicle," Ferlazzo said.
The attorney says at the end of the day, the notice will put them one step closer to bringing closure to the victims' families.
"The family has said the same thing from day one; they want to see who is responsible, and to see if this could be prevented in the future," Ferlazzo said.
Ferlazzo expects to file a formal claim to the state within six months.