Arrest reported in ISU hit and run death

[IAStubborn]

I would imagine that with bus lines operating across the country and presumably many people have been killed by busses. I would also presume that insurance companies have a standard set of guidelines required for bus operators. Assuming those guidelines are followed by Cy-ride, I don't know that there is anything so unusual about this situation that would be completely new in the bus driving world.

For example, if suspending routes during massive downpours is required by the insurance company,it would be required across the country. Its not like an insurance company would put that requirement on Cy-ride and not on every other but company out there. This also probably isn't the first time a bus hit someone in a downpour.

Now its possible that Cy-ride violated some insurance policy rule and if so, they would open themselves up to a wrongful death lawsuit.

I was just answering the question, I doubt it is an issue raised. [
Wrongful death doesn't require gross negligence by the company just fault by the employee. My grandfather was struck on his tractor by a truck that the driver fell asleep and my family won a wrongful death suit against the company The question wasn't did the company do something wrong it was was the life of a 75 year old with limited future income worth much (jury determined it was worth 280k including 50 in punitive damages. The life of an 18 year old will be the sum of her future earnings, if they show any negligence it will garner more in punitive damages. But to suggest they won't get substantial wrongful death payment is dumb. The Cy Ride employee killed her due to his error and thus the family will be compensated and justly.

 

[IAStubborn]

So if I get in a car accident with another person and other person is at fault, I would be expected to file a lawsuit in order for their insurance company to cover medical expenses?

In situations I've been aware of, I've never heard of a lawsuit being needed if the person at fault is clear.

I'm no legal expert, but reading on this site, they may have a case for wrongful death.
http://www.nolo.com/legal-encyclopedia/wrongful-death-claims-overview-30141.html
Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.

Assuming it was not intentional, they'd have to show the driver/company was at fault for acting negligently (failing to act as a reasonable person would have acted). Now, if the driver had stopped right away, I don't think they'd have a case. In my opinion, with bad visibility, this could have happened to a reasonable person driving a bus or a car. Terrible tragedy, yes, but I wouldn't say it was acting negligently.

Now lets say that the driver didn't realize he hit someone right away, but later, when he realized he might have done it turned himself in. If that had happened, I'd say no wrongful death. Again, in my opinion, the visibility could have been a reasonable cause and a reasonable person, when they realized what happened, would turn themselves in.

In this actual case, the driver didn't turn himself in when he realized he may have been involved. That possibly opens up a wrongful death lawsuit. Definitely for the driver, but what about the company? In my opinion, it would boil down to showing that the driver was negligent while performing his job for the company. In my opinion, the real negligence occurs when the driver realizes he was involved and doesn't turn himself in. If the company can show that that realization does not occur until after the driver is off the clock, is the company liable?

The company is responsible for the driver by default. He didn't yield and left the scene. It is a slam dunk wrongful death. Auto insurance claims for damage to a vehicle are different than liability claims. Courts determine liability.

 

[CyFan61]

The bus driver pled not guilty this morning. Here is the story although I didn't see any other information in it. http://www.iowastatedaily.com/news/...cle_b978b15c-d413-11e5-b56b-93c816a14807.html

 

[VTXCyRyD]

It was a terrible accident and this was probably the only outcome from the situation that could happen. I don't know the guy or the gal that was hit, but I really doubt he intentionally hit her or even knew he did. I was driving to work the morning this happened and was at the intersection of Lincoln Way and University at about the same time she was hit. I couldn't hardly see anything it was raining so hard and dark.

I feel bad for everyone involved.