In Massachusetts, pedestrians in crosswalks have the right of way, but that doesn’t guarantee safety. A witness says the driver of a MBTA bus was acting “careless” when he struck a pedestrian in a crosswalk in Cambridge, Massachusetts this week. The woman was reportedly dragged for 20 feet after being hit by the bus, police reported.
The New York woman was crossing University Road near Mt. Auburn Street when she was struck. Apparently, the bus driver was on his way to Harvard Square and was attempting to make a left turn when the bus accident occurred.
The driver said he did not see the pedestrian, and claimed the driver in front of him waived him through, indicating the coast was clear. Even so, the MBTA issued the 38-year-old driver a citation for failing to yield to a pedestrian in a crosswalk. A 17-year-old witness told police the bus driver was “careless in making the turn.”
Because of the sheer size and weight of buses, pedestrian accidents involving them are often deadly. The accident victim suffered injuries to her head and leg, but luckily survived the accident. It is possible that she could seek a personal injury lawsuit against the driver and the MBTA to help cover medical bills, lost wages and other associated costs.
The MBTA could potentially be held liable under the theory of respondeat superior, which holds an employer responsible for the negligent acts of an employee if an employment relationship exists and the employee was acting in the course of the employment when the accident occurred.
Source: Wicked Local Cambridge, “MBTA bus hits woman, drags her 20 feet in Cambridge,” Erin Baldassari, Oct. 23, 2012