Whenever you are walking down a sidewalk or along a street, you need to remain vigilant for safety risks. Motorists who are driving recklessly or are distracted behind the wheel pose one of the biggest risks to pedestrians in Texas. One danger you might not expect to run into as a pedestrian, however, is a reckless or distracted bus driver.
Bus drivers operate huge vehicles that can easily cause fatal pedestrian accidents in the event of a collision. Pedestrian accidents involving buses can and often are devastating for the impacted pedestrian. If you or a loved one were struck by a bus while walking, you may have legal recourse.
Pedestrian Killed by Bus on I-45
On Monday, March 13, just before 6 a.m., a pedestrian suddenly attempted to cross an inbound HOV lane on I-45. As the person attempted to cross the road, a First Class Tours bus allegedly struck the person. Authorities rushed to the scene, but the pedestrian’s injuries proved to be fatal.
This deadly pedestrian crash comes just weeks after a different pedestrian was also struck and killed by a METRO bus also on the Gulf Freeway. In both instances, the pedestrian was attempting to cross the dangerous road, and the buses were not able to stop in time.
Pedestrian Accidents and Wrongful Death Claims
Recent studies confirm that there is a clear connection between bigger cars and more pedestrian fatalities. When a large, fast moving vehicle like a bus hits a pedestrian, the individual is very likely to sustain extremely serious injuries that could prove fatal.
In these situations, the surviving family members of the pedestrian will likely experience multiple losses in addition to the loss of their loved one. It might be possible to financially recover from some of those losses by pursuing a wrongful death claim against the person or entity responsible for the pedestrian’s death. Not every fatal pedestrian accident can lead to a successful claim, though, so it is best to consult with a lawyer if you plan on filing a claim.
Common Wrongful Death Damages
After a fatal pedestrian accident, the surviving loved ones of the pedestrian often have to cope with innumerable losses. As if the grief is not enough, they may also deal with a windfall of financial losses.
Specifically, surviving loved ones may file a wrongful death claim to recover the following damages:
- Medical bills prior to their loved one’s passing
- Burial and funeral costs
- Loss of financial support if the pedestrian was their household’s breadwinner
- Loss of consortium
- Emotional trauma
- The pedestrian’s pain and suffering before their passing
Depending on the circumstances of the accident, your lawyer may also propose seeking punitive damages. This type of compensation is awarded in cases of extreme negligence in order to punish the defendant’s behavior and deter others from acting similarly in the future.
Who Can be Held Liable after a Fatal Pedestrian Accident?
Since pedestrian accidents involving buses can be so serious, it is important to determine who can be held liable for the resulting damages. Bus accidents tend to be more complicated than other motor vehicle accident cases because of who can bear liability in different circumstance. For example, a bus driver could be liable for driving recklessly or engaging in distracting behaviors while operating the bus.
On the other hand, the bus company may be liable in cases where negligent hiring practices or insufficient training led to an unqualified bus driver causing an otherwise avoidable accident. Additionally, the bus company or a third-party maintenance crew they hired to inspect and maintain their fleet of buses could be held liable if faulty vehicle parts contribute to the cause or severity of an accident.
Who can be held liable for a fatal bus accident involving a pedestrian will also depend on who owns the bus company. For instance, whether it is a private or public bus service can have substantial implications in a legal case. Because of these stipulations, it is best to go over your case with a legal professional who is familiar with these subtle but important distinctions.
How a Houston Attorney Can Help You After a Pedestrian Accident
Determining fault, documenting your losses, and identifying who is liable for a fatal pedestrian accident involving a bus can be extremely complicated. This is especially true when the other party hires a legal expert to dispute your claims and cast doubt on your losses.
The good news is that you can also hire a lawyer who will help you seek justice after your loved one’s fatal accident.
Here at Simmons and Fletcher, P.C., our team understands the gravity of your situation. We know how much you need that financial compensation to help cover the unexpected costs you are experiencing after the accident. Schedule a case evaluation with our office now to discuss your situation in more detail with one of our attorneys.
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