The widow of a man who was struck and killed by a school bus is suing the driver and school division.
Widow claims City of Virginia Beach had refused to come to a settlement
The widow of a man who was struck and killed by a school bus in Virginia Beach in October has filed a wrongful death lawsuit against the bus driver and the school division, according to the Virginian-Pilot. The crash occurred when the now-deceased man's vehicle broke down in the middle of the road in Virginia Beach. After he got out of his car, the school bus ran into him and crashed into his car. His wife claims she has tried to avoid a lawsuit and come to a settlement with the city of Virginia Beach, but the city has refused to offer any compensation.
Car Broke Down On Side of Road
The bus was driving at 45 mph when it struck the man. Because of the extensive nature of the wreck, experts were unable to determine whether the car had its lights on when it was hit. According to ABC 13 News, police chose not to charge the bus driver with involuntary manslaughter.
The lack of criminal charges came as a shock to the deceased man's family. The family's attorney pointed out that in other cases where a vehicle is stopped on the road and another car runs into it, it is standard for the other car to at least be issued with a ticket.
Lawsuit Alleges Negligence
The widow of the deceased driver has been looking for compensation from the city of Virginia Beach for some time, but to no avail. Furthermore, according to the lawsuit, the city has prevented her or her attorney from viewing video footage taken by a video camera on the bus at the time of the crash. The lawsuit names both the driver and the school division as plaintiffs and accuses both of negligence.
In response, the school division claims that it cannot be held liable for the crash and that the bus driver is also immune because he was performing a government function. However, the family of the deceased driver claims that previous legal examples show that such immunity does not apply to this case and, if necessary, they will name the school board instead of the division as a defendant.
Fairfax Motor Vehicle Accident Lawyer
As this case shows, accidents involving buses and other forms of public transportation can be made difficult by complex laws surrounding government liability. These types of accidents often require an attorney experienced in how liability laws affect crashes involving government-owned or operated vehicles.
Of course, injuries and fatalities are not limited to bus accidents. Anybody who has been injured by a careless driver should contact a personal injury attorney as soon as possible. An experienced attorney will provide the legal expertise necessary so that victims will have the help they need to fight for the compensation they deserve. Contact Kearney, Freeman, Fogarty & Joshi, PLLC today to schedule a free consultation to discuss your case.