Our Portland Portland personal injury attorneys know that pedestrian accidents are often deadly for those who are out walking and jogging, especially when the crash involves a large truck or bus. In this case, the bus driver likely played a role in causing the pedestrian crash, and thus the driver and school district that employs her could potentially be held liable for compensating surviving family members in a wrongful death claim.
School Bus Fails to Stop for Portland Pedestrians
According to the Portland Tribune, the two pedestrians approached a crosswalk at the corner of SE 148th Avenue and Division Street. The pedestrians, a husband and wife, lived in the area and were out for a walk. Unfortunately, witnesses said that the husband and wife apparently tried to cross in front of the bus and made the choice to step around it into the crosswalk instead of waiting for the driver to signal them. This resulted in the bus hitting both husband and wife.
If the pedestrians did walk when it was not their turn or when they did not have the right-of-way, they were putting the bus driver in a dangerous position and would share at least some of the responsibility for the crash that occurred and the resulting injuries. This would mean that their ability to recover compensation would be limited and they’d only be able to obtain a portion of their damages that was equal to the bus driver’s share of the fault.
While it may be true that the pedestrians did try to walk in front of the bus, other accounts and evidence show that it was the bus driver who was careless in causing the death. For example, police cited the bus driver for two counts of failure to yield to pedestrians in a crosswalk. The bus driver was also sentenced to one count of careless driving causing death, as the accident resulted in the wife being killed.
The police-issued citations to the bus driver could be used as proof that the driver was to blame for the crash. Surviving family members of the woman killed (including her husband who was hit by the bus) could use this evidence in their wrongful death claim.
Witnesses also seem to indicate that the bus driver played a major role in causing the crash. One witness said that the driver did not stop despite the fact that the driver was able to see the pedestrians. Bus drivers and other motorists are required to stop for pedestrians in their path, regardless of whether the pedestrians broke right-of-way rules. A pedestrians’ walking in a crosswalk without waiting his turn does not give a driver license to just keep driving and run the pedestrian down.
If you or a loved one has been injured in an accident in the Portland area, contact Zbinden & Curtis. Call (503) 287-5000 for a free case consultation.
