Bus Driver Hits Two Children in a Crosswalk
A pedestrian accident in Brooklyn occurred when a school bus driver hit a 10-year old girl and her brother. They were crossing the street in a crosswalk. The yellow bus was traveling north on Crescent Street and attempted to turn right onto Wortman Avenue when Patience Albert and her brother were crossing the street. Patience was unconscious when emergency personnel arrived on the scene. She died from severe injuries and her 15-year-old brother suffered a leg injury.
Police took the bus driver, Pedro Colon, into custody. He was driving a Department of Education contracted vehicle. The police suspended his driving privileges pending investigation. (Reference: New York Post)
Potential Legal Liability for the Pedestrian Accident in Brooklyn
In a bus accident where the driver is at fault, the driver would be liable for negligence and the employer would also be held accountable, in this case the school district. As a school district employee, the law considers the driver to be acting as the school district’s agent or on its behalf.
In this situation if bringing a personal injury or wrongful death case, multiple parties could be sued. In New York City, government entities have different requirements and deadlines for bringing lawsuits that other businesses do not have. As a result, these cases are generally more complicated. Even so, it is possible to win a claim against a school district. The statute of limitations (deadline) for filing a case is a shorter period of time. Lawyers must follow certain procedures when suing, including filing a notice of claim against the public entity. They must file the notice within 90 days of the accident.
Sackstein Sackstein and Lee, LLP has decades of experience advocating for pedestrian victims or their families in all types of traffic accident cases.