Damilola Matuluko, a member of the Houston HR Operations Employee Relations team, was fatally struck by a METRO bus while walking in a crosswalk on Friday, May 31st. Investigators from the Harris County District Attorney’s Office say that the bus accident in Houston occurred near Rusk Street and Smith Street around 7:40 a.m. Matuluko was walking in the crosswalk when a negligent METRO bus driver heading South on Smith Street turned left onto Rusk Street and fatally ran over the pedestrian. The bus driver is an employee of Transdev Mobility company, one of METRO’s contractors. Investigators state that the pedestrian had the walk signal when the METRO bus turned onto Rusk Street after the light turned green and failed to yield to the pedestrian in the crosswalk. Matuluko was pronounced dead at the scene.
This incident raises questions about when a bus driver is liable for an accident in Houston. Investigators state that it was raining at the time of the incident; however, they are unsure if hazardous road conditions played a factor in the accident. The driver has been placed on administrative leave pending the conclusion of the investigation. At the moment, it is unclear whether charges will be pressed.
Driver’s Duty to Yield
As a driver, you are obligated to share the road and be aware of other vehicles and pedestrians walking by or along the road. According to the Houston Vulnerable Road User Ordinance, when making a turn at an intersection drivers are required to yield the right-of-way to a pedestrian who is approaching from the opposite direction and is in the intersection or is in such proximity to the intersection as to be an immediate hazard. Additionally, if the driver is going the same direction and passes by a pedestrian, they are prohibited from turning in front of them in an unsafe manner. This ordinance is in place to prevent pedestrian accidents in Houston. Many other Texas cities have enacted their own version of the Vulnerable Road User Ordinance as well.
Proportionate Responsibility After a Bus Accident in Houston
As a pedestrian, you are not always entitled to walk across the street and expect drivers to yield. Although if you are injured, you may sue the driver, Texas follows what is called proportionate responsibility laws, also known as modified comparative negligence. According to Texas Civil Practice and Remedies Code Section 33.001, if you are partially at fault for your injuries, your verdict will be reduced by the percentage of how culpable you are found to be. For instance, if the judge finds you 20% responsible for your injuries, you would only be able to recover 80% of the damages you were awarded.
METRO and Sovereign Immunity
Sovereign Immunity is a common-law rule stating that the government is not liable to its citizens for torts. Under sovereign immunity, for a person to sue the government, they must get permission from the government to do so. However, in Texas, a Statute called the Texas Tort Claims Act allows citizens to sue the State, cities, and/or counties. Although it is possible to sue the State, cities, and/or counties, the Texas Tort Claims Act places limitations on the damages you can recover. In Texas, METRO drivers work for the state and are therefore covered by sovereign immunity. As a municipality with sovereign immunity, METRO can be sued for motor vehicle accidents, but its liability is capped at $250,000 per person and $500,000 per accident.
Although METRO is protected under sovereign immunity, the driver in this case worked for Transdev Mobility company—a company that contracts with Metro. Unlike METRO, Transdev Mobility company is a private company. When a company contracts with a government entity, there is derivative immunity in some situations. However, First Transit has not met these situations in several cases in the past. Thus, there may very well be no derivative immunity for Transdev Mobility company which also means there are no damage caps for economic damages, including medical costs, lost wages, loss in earning capacity, and property damage caused by a private company in Texas. However, as a practice tip your bus accident lawyer should ALWAYS notify The City of Houston, Metro, and Transdev Mobility company of your claim in writing within 90 days of the bus accident in Houston as well as notify all the proper parties that the Texas Tort Claims Act and Houston Codes require you to notify for a Tort Claims Act against the City of Houston. Always assume that the City may be involved and protect your rights accordingly. Failure to timely notify the correct parties with the required information will result in you waiving the right to bring your claim against the City.
Who Can Bring a Claim?
If your spouse, parent, or child has been killed as a consequence of someone else’s negligence, you are entitled to file a wrongful death claim. A wrongful death lawsuit is a claim brought against the person or company that has negligently caused the death of a person. However, under the Texas Wrongful Death Statute, if you wish to file a wrongful death lawsuit as a spouse, child, or parent of the deceased, you must do it within three months of the incident. Other relatives, such as brothers, sisters, aunts, uncles, cousins, and former spouses, are not permitted to file a wrongful death claim for the deceased. If none of the listed relatives have filed a wrongful death lawsuit by the end of the three-month period, the executor or administrator of the estate may file a suit on behalf of the beneficiaries. Moreover, the deceased person’s estate has the right to bring a survival cause of action for the personal suffering of the decedent. Thus, you should speak to a Houston wrongful death lawyer promptly if you have lost a loved one due to a bus accident.
Talk to an Attorney for Free
If you are the spouse, child, or parent of someone who you believe was wrongfully taken from you as a result of a bus accident in Houston, call a Houston bus accident attorney before time runs out on your case. At Simmons and Fletcher, P.C., we understand that losing a loved one is a difficult and sensitive situation and will do everything we can to obtain a recovery to offset the costs associated with your loss. We have been helping heirs and loved ones of the victims of wrongful deaths get closure about what happened and win a recovery for their losses for over four decades. Call us at (713) 932-0777 to schedule a free consultation to discuss your wrongful death lawsuit or bus accident today.
Author
