A school bus struck a 30-year-old who was rushed to Hahnemann University Hospital, but unfortunately, he died from his injuries. Police say that the man had wandered into the street and right in front of a school at Allegheny and Aramingo Avenues in the Port Richmond section of Philadelphia. Police also said that the bus was empty at the time, and no one else was injured. Officials are still investigating the incident.
School Busses and Pedestrians
Unlike a car, a school bus can’t stop quickly nor can it easily swerve out of the way when a pedestrian come suddenly in its path. An empty bus weighs on average about 5 times the weight of the car. School bus drivers go through special training which includes being alert for pedestrians, however, bus drivers also have a unique duty to drive their bus in a safe and reasonable manner taking into account the likelihood of pedestrian traffic.
Who has the Right-of-Way?
Many people think that way when it comes to cars and pedestrians, pedestrians always have the right-of-way. In Kentucky, the law is that a car must yield to the right-of-way of a pedestrian in a crosswalk when the pedestrian is the crosswalk on the same lane as the car. So does that mean a motorist doesn’t have to stop if someone’s walking in the road?
Of course, that would be a cruel law, and Kentucky law requires that all drivers “operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.”
This means that if driver of a car or other vehicle sees a pedestrian in the road, even if the vehicle has the lawful right-of-way, they have a duty to not injure the person if possible.
When is a Driver Liable for a Pedestrian’s Injuries?
What if you were injured by a vehicle when you were walking in the road and didn’t have the right-of-way? Does this mean you can’t recover for your losses? Not necessarily. There are several circumstances under Kentucky and Indiana law where the driver might still be at fault. You need to talk to an attorney who knows the right-of-way and vehicle safety laws.
At Kaufman and Stigger, PLLC, our attorneys know the traffic and personal injury laws and have a combined 100 years’ experience in assisting clients, and they know how to get results. Don’t think for a minute that the insurance company is going to pay you what is fair. They have a job to do, and this is pay you as little as possible. If you want the peace of mind that you have the best attorneys on your side, then call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.
