Nearly two months after the deadly limousine accident in Schoharie that took 20 lives, attorneys are now placing some of the blame on New York State.

Attorney Salvatore Ferlazzo says he sees two glaring issues that he says the state is responsible. The first, is the issue of the limo being on the roads in the first place. Ferlazzo says the vehicle failed two inspections, and the state should have taken the licenses plates. He also says the intersection at the site of the crash is known to be dangerous.

State Department of Transportation spokesperson Joseph Morrissey said in a statement:

“This vehicle was never authorized by New York State to operate or carry passengers. DOT inspected the crash vehicle as part of random roadside inspections, placed the vehicle out of service, and affixed a sticker to the windshield ordering that the vehicle not be used. The owner/operator of the vehicle removed this sticker and intentionally violated the law, and as a result, one of the owners has been charged with criminally negligent homicide. In light of pending litigation as well as the ongoing criminal investigation, it would be inappropriate to comment further at this time.”

“The state just can’t say simply afterward that we did our best. That’s not enough,” said Ferlazzo.

Ferlazzo served a notice of intent to file a claim on Tuesday. Read the notice.