The Monterey County Herald reported an 87-year-old man died Friday, one day after he was struck by a Monterey-Salinas Transit bus. The bus vs. pedestrian accident occurred at about 6 a.m. on Thursday, September 16, 2010, at Pacific Street and Del Monte Avenue. According to news reports, Samuel Conboy, a resident of Monterey, had been walking in the crosswalk with a green light when the bus made a left turn from Del Monte onto Pacific and struck Conboy. Conboy was able to give statements at the accident scene and at the Community Hospital of the Monterey Peninsula. According to the Herald, immediately after the accident, his injuries had not appeared life-threatening.
Cause of the Monterey County Accident
The investigation as to the cause of the accident is ongoing. The driver, Taylor Norisett, 49, of Seaside, was not hurt. Police will not determine whether the driver will be cited or criminally charged until the investigation has been completed. Based on the news reports, it sounds as though the driver of the bus may be responsible for this fatal collision. Under California Vehicle Code Section 21950 "Right of Way at Crosswalks" (c), "The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian." This section of the vehicle code gives pedestrians using a crosswalk the right-of-way.
Bus Accidents and Wrongful Death Liability
In any accident involving a public transit bus is involved in a collision causing injury to a pedestrian, bicyclist, or an occupant of a passenger vehicle, unique legal issues are involved. Because public transit authorities are organized as government agencies, anyone pursuing a personal injury or wrongful death claim must comply with the Government Code, which imposes a very short statute of limitations - typically 180 days. In other words, the family likely has only 6 months from the date of the accident to pursue a claim. After any accident such as this September 16th bus vs. pedestrian accident, the family of the victim would be well-advised to speak to a California wrongful death attorney as soon as possible. A skilled lawyer - one who has successfully obtained compensation against cities, counties, school districts, and other government agencies - can advise the victim's family of their legal rights, options and obligations should they wish to pursue compensation for the loss of their loved one in this tragic accident.
Sources: Montery County Herald, Monterey Police Department News Release, KCBA Central Coast News, The Salinas Californian, California Vehicle Code Section 21950
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