More likely to get money from them than a 23 year old who is looking at possible jail time.
Arrest reported in ISU hit and run death
- Thread starter cyflier
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More likely to get money from them than a 23 year old who is looking at possible jail time.
- Mar 27, 2006
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not necessarily. The lawyers will argue based on the legal doctrine of Respondeat Superior. The burden of proof will be that it occurred while he was on the job, and the act happened during the course of the general duties of his job. Also that the act was not for his personal benefit.
All three of those points can legitimately be argued. Not saying it's a slam dunk, but a suit could definitely be brought against CyRide. If the video shows that he goes out of his way to hit her intentionally, or something like that, then CyRide's lawyers will argue that the act occurred beyond the scope of his duties as a driver.
Interesting. My uncle's car was hit by a DHL driver who was high and had a few drinks at lunch that day. Took him quite a while to get anything out of DHL over and above medical bills. Just didn't seem that cut and dry and for some reason DHL didn't want to settle. Didn't kill my uncle, but smashed his hip, knee and Femur up enough that he can't walk without a cane and any thing over a couple of blocks, he needs a chair.
Not an attorney, so I'm not arguing this at all, just making a comment.
A few years back Des Moines Metro buses were hitting pedestrians, mainly while making turns. A few months after that I was following a bus making a right turn and it was a very deliberate and slow process. They obviously had trained their drivers to execute turns much more carefully. Haven't heard of a Des Moines bus hitting a pedestrian since then.
It's easy to say when it is not you on the hot seat.
It appears as though it was a complete accident. I'm not even sure he was aware he did it when it happened. I kind of think he heard a noise, got out to see if there was any evidence of damage caused by the sound he heard, saw nothing and went on business as usual. It sounds as though he pieced things together after(possibly long after) the fact, and then it becomes a matter of his own suspicions to an internal struggle of not fully knowing and a fear of not wanting to know for sure. The repercussion of knowing for sure will inevitably change your life forever. I can empathize if this is the case..... I think it would be a very hard thing to do...... However, if he did in fact know, at the time of the incident he should have stopped and helped and be fully accountable. Like others have said, a tragedy for all involved.
The employer is responsible for actions taken during the course of employment. A gray area occurs as to what is during the course of employment. If he hits a car while on his route, they are most likely responsible. If he is on some unauthorized side trip to go buy more drugs or something, they probably are not.
I believe he went through a flashing yellow arrow and failed to yield to a pedestrian . . . but did not run a red light according to the articles in the paper this morning.
I always like when people are experts on what happened when they cant even take the time to read the article. It says it was a flashing yellow light where he turned left on. Huge difference between a red and a flashing yellow.
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Here is what we know for a fact:
The driver ran a flashing yellow light.
The driver hit a pedestrian in a cross walk.
What I also know is that basic traffic laws say that a flashing yellow light for a left turn arrow is a yield, which means yield to oncoming traffic AND pedestrians.
I guess I am assuming that the training for Cy-ride drivers already includes basic driving skills like this.
I am making some assumptions, but given what we know, I'd like to know what safety procedures could be implemented. There are no safety procedures anywhere that can prevent all human error. Its just impossible.
Thats a good idea. Expanded training on turns would be good idea.
chuckd, I can see how this would be a good idea. Not fool proof, but more than I ahd thought of.
I never meant to imply they shouldn't look to improve things, I just didn't see anything obvious that would prevent this.
I guess I kept thinking that if it were a drunk bus driver, one way to prevent that situation is to have the breathalyzer thing that prevents you from started the bus until you blow.
Safe to say he didn't see the pedestrian because of the weather conditions? Im sure there could be new safety regulations implemented in the cases of weather, such as coming to a compete stop and looking both ways instead of just yielding.
As a former bus driver in a big city, I think this training has already happened. It seems like most CyRide bus drivers make right turns the same way. They get tight to the right curb so that no one cuts in to their right, then slowly move the front of the bus out to the left, then very slowly make as sharp a turn as they can (using the rule that you shouldn't start your turn until your back tire is past the corner curb/post/sign that you are turning around). The frequency with which I see drivers doing this very deliberately tells me that they have been trained this way and probably have supervisors writing them up if they see they not doing it.
These are the sorts of things that bus drivers cut corners on when they are in a hurry. For instance, it is a much faster and more natural turn to approach the turn from farther away from the right edge. When I am behind them, I don't like it because it seems like they are taking the corner about as slowly as possible, but I think they are just "going by the book."
Also, note that the long buses that bend in the middle (called "articulated buses") actually can make sharper turns than regular buses because the distance from the front axle to the "middle" axle is shorter. These buses are really short buses with a trailer.
Again, these are not my requests. Im sure Cy-ride does a thorough job of training. However, their insurance company is going to force them to make changes if they have to dish out money for a lawsuit. Thats just how it goes.
I think the only hiccup to this is that there an article (I think Ames Trib) where an investigator states that he would have driven by the scene (where police were present) as he continued his route (so you'd assume whatever make him stop earlier to check the outside of the bus may cause him to rethink that)....and it says his bus was pulled from rotation that morning and was told why (police were investigating). In terms of timing of his suspicion, the same article said the police spoke with those close to him that the next day he texted he thought he may have hit her.
I just say that as i agree...I've never experience this type of "processing" he was going through so I cannot jump into his head and understand the "why"...but I do know a county attorney would need facts or reasons from the police to move forward with charges.
Well by he "did need to know he hit a person" I meant a person or a vehicle with a person in it otherwise it would not be reasonable for him to reasonably anticipate he injured or hurt a person. Hence, my point that he did need to know he hit a person is correct and that's what they will have to show. Which my point stands may be difficult.
- Mar 27, 2006
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money?
seriously though, I have no idea what they'd be asking for, dollar-wise. Is that what you meant?
