Houston news channels are reporting that an 8-year-old girl was struck by an SUV and killed shortly after being dropped off by her school bus this afternoon. The incident happened at 9400 Concourse, north of Missouri City and west of Meyerland, in Houston, Texas. The victim was transported to the hospital but did not make it. The facts reported leave a lot of unanswered questions regarding whether the child, the driver, or both have liability in this unfortunate incident.
Timing Unclear from Reports
According to news reports, the child went into the road “shortly after” being dropped off. The reports are unclear whether the bus was still on site and/or had lights flashing to stop or whether the bus had already pulled away. This is a very important piece of the investigation in determining liability. The road in question appears to be an extra wide 2-lane road, according to Google Maps. It has space to park along both sides. If the bus was stopped with lights flashing, the car has a duty to stop for a school bus. In such a case, the car should not have been passing.
If the auto-pedestrian accident did not happen until after the bus had left the drop-off point, the question of liability will be largely determined by the facts. When a child darts into traffic and the driver has no reason to be aware of the child’s presence, then the driver can claim that the accident was unavoidable. This is a defense that absolves the driver of any liability if the driver had no negligence of their own. If, however, the driver was negligent in any way, this defense will not stand.
Driver Negligence vs Child Negligence
Even where the bus had already pulled away, if there were reasons for a driver to be aware of children in the area, a Houston bus accident lawyer may be able to prove that the driver was also negligent in this case and, therefore, has some or all of the responsibility for the wreck. For example, if the bus had just pulled away, a reasonable person would know that children are likely to be in the area, and one could attempt to cross the street. A rational driver would be proceeding at a slow speed with caution. Driving at excessive speeds or talking on a cell phone instead of paying attention could be grounds for negligence. Also, if the bus is gone but there is a large group of small children on one or both sides of the street, this should alert a cautious driver to be alert and drive slower as they pass.
Standard of Care for Children
Another factor that comes into play is the standard of care. An adult driver is held to the standing of what a reasonably prudent person would have done under the same or similar circumstances. Children, on the other hand, are held to a lesser standard. Children under the age of 5 cannot be negligent. Children ages 5 and up are held to a standard of what a reasonably prudent child of the same age would do. Age 5 is considered the age of negligence. Under this standard, the conduct of an 8-year-old could be expected to dart into a street or forget to look—meaning the child may not be viewed as negligent by a jury.
Help for Victims of Auto-Pedestrian Accidents
Sorting out the actual facts after an auto-pedestrian accident can be challenging. Eyewitnesses often tell conflicting stories when caught up in the excitement of the moment. If your loved one is seriously injured or killed in an auto-pedestrian accident at a bus stop, talk to an experienced car accident lawyer in Houston. Simmons and Fletcher, P.C. have been helping accident victims recover since 1979. Get a free consultation today.
Author
