September 19, 2010 (Press-News.org) A recent Connecticut Law Tribune article highlighted the case of a 56-year-old research scientist who was killed crossing the street in New Haven. He was well known and respected in his field of biomedical research.
As a molecular biologist, he was particularly interested in developing new treatments for heart disease and the underlying causes. He was struck by a bus making a left turn. At first glance, the incident appeared to be the fault of the pedestrian.
It seemed obvious; he was speaking on a cell phone, distracted and crossing against the light. The bus had a green light. The State Police investigation concluded he was at fault and under Connecticut comparative negligence law, unless the bus company was at least 51% liable for the accident, the pedestrian's family would be barred from any recovery in a negligence lawsuit.
Clearly at fault?
Because of this, it did not appear to be a very promising lawsuit. The police report did include a list of passengers, so there were potential witnesses. The bus also had an innovative technology installed that used cameras to record six images within the bus, with one camera aimed straight ahead, two recording the left and right rear view mirrors, one on the driver, and one recording the passengers in the front of the bus.
While the State Police had reviewed the camera images and still concluded the pedestrian was at fault, the attorney for the family wasn't so sure. One problem with the images was the way they were displayed. The video plays in a confusing sequence, with each camera's point of view shown for one second. This disjointed flow made it practically impossible to sequence with precision the chain of events.
To make the replay intelligible, they hired a video expert to reassemble the views in a meaningful sequence, allow one to obtain a clear view of the accident.
What Really Happened
What became clear was that the bus driver was watching the other side of the bus when he drove into the pedestrian. The camera aimed on the driver showed he was concerned about another vehicle coming up behind the bus as it made the wide left turn.
The bus driver's head was turned far to the left and he was completely unaware of the pedestrian walking in the front of the bus. The cameras captured the impact of the bus and the shattering of the front window. The cameras also demonstrated the driver was not watching the front of the bus, as the passenger camera shows the frightened face of a passenger watching the pedestrian being struck.
When the attorney showed the replay to the State's claims agents, they immediately began discussions to settle the case.
The facts of this case demonstrate the value of an experienced attorney working for a client. The State Police have experienced investigators who work dozens of cases each year. They probably should have noticed the bus driver wasn't watching the front of the bus.
However, they have dozens of cases on their desk and State Governments have been hit hard by the recession, limiting their time and resources that they can commit to a case. They also may not have had the resources to take the video images apart and make them coherent.
The Value an Attorney Brings to a Case
An experienced trial attorney may be your most powerful asset if you have suffered a personal injury. They are your advocates, working on your behalf, protecting your rights. A great deal of the value in hiring attorneys is their ability to look at the facts of an "obvious" case, to be able to see the things that don't add up and to develop a strong theory of the case that is supported by evidence.
Article provided by The Pickel Law Firm LLC
Visit us at www.alanpickel.com
Bus Cameras Provide Unexpected Perspective on Pedestrian's Death
A 56-year-old research scientist was killed crossing the street in New Haven. At first glance, the incident appeared to be the fault of the pedestrian.
2010-09-19
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[Press-News.org] Bus Cameras Provide Unexpected Perspective on Pedestrian's DeathA 56-year-old research scientist was killed crossing the street in New Haven. At first glance, the incident appeared to be the fault of the pedestrian.