A 78-year-old man was killed after being struck by a New York City bus while attempting to cross the street. The accident occurred at about 6 p.m. on Dec. 23 in the East Flatbush area. According to police, the bus was attempting a turn from Farragut Road onto New York Avenue when it struck the woman. The 57-year-old man driving the bus was arrested and charged with a failure to yield. Reports indicate that he was being held out of service during the investigation.
A failure to yield is a misdemeanor offense under New York City's Vision Zero legislation. A conviction will result in a minor fine and up to 15 days of jail time.
Whether or not a person faces criminal charges for a fatal auto accident, the surviving family of the decrease person still has the right to file a civil wrongful death lawsuit against the responsible party. The lawsuit may attempt to claim monetary compensation for the loss, which can include any after-death expenses for funeral and burial. The claim may also include the amounts of any financial benefits the person was entitled to had they lived. Non-economic damages for loss of companionship or care may also be sought, the amounts of which are determined by a judge.
In this case, the accident also involved a commercial vehicle, and the company responsible for the bus' operation could potentially be held liable. The lawsuit would, however, need to prove some negligence on behalf of the company. The formal charges against the driver are strong evidence of his negligence in the civil case.
Source: PIX 11, "NYC bus driver arrested after pedestrian killed", December 25, 2014