A Brooklyn pedestrian tragically passed away after she was hit by an MTA bus in Bensonhurst, Brooklyn. At approximately 8pm on Wednesday, September 5, 2018, Yu Qing Chen was crossing the street within a marked crosswalk when a B6 bus traveling west on Stillwell Avenue made a right turn and struck her.
The 81-year-old woman was taken to Maimonides Hospital in critical condition and was later pronounced dead, according to NYPD.
The MTA bus driver, 62-year-old Audley Smith, was arrested for failing to yield to a pedestrian and for failure to exercise due care.
This is a very sad incident and one that should have been preventable. Our deepest condolences go to Chen’s family and friends.
Incidents like this highlight the necessary for more cautious driving, especially when the driver is operating a large vehicle such as a bus. Because pedestrians are unprotected, they are more likely to suffer serious injuries – some fatal – if they are hit by a motor vehicle. According to New York State Department of Vehicles, crashes involving pedestrians make up less than 10% of all motor vehicle collisions; yet, pedestrians make up over 25% of deaths in auto accidents year after year in New York State.
These sobering statistics demonstrate a greater need for drivers to adhere to laws protecting pedestrians, such as the New York State Vehicle and Traffic Law (NY V.T.L) and the New York City Traffic Rules and Regulations.
According to New York laws VLT §1142 and VTL § 1151, motor vehicle drivers must yield to pedestrians when there is a stop sign and in an instance where there is no traffic signal or working signal, they must yield to a pedestrian crossing within a crosswalk. Additionally, whenever a vehicle is stopped for a pedestrian crossing the roadway within a marked crosswalk, another vehicle cannot overtake or pass the stopped vehicle.
If you or someone you love has been hurt in an auto accident, it’s important to learn your legal options, especially when the Defendant vehicle involves a municipal entity. Buses and other vehicles owned by government entities such as the MTA may have their own set of rules and regulations. An attorney well-versed in bus accident litigation can help you navigate the complex rules that govern municipal vehicle lawsuits.
The attorneys at Block O’Toole & Murphy offer compassionate and quality representation for car accidents victims and for family members who’ve lost loved ones to fatal auto accidents. We’ve recovered some of the top results for clients in pedestrian accident lawsuits and bus accident cases, including a $2.2 million settlement for a pedestrian hit by an NYC transit bus while she was crossing the street and a $2 million jury verdict for a Brooklyn pedestrian who was struck by a bus while she was crossing the road at an intersection. Our lawyers seek justice on behalf of our clients and we will fight aggressively for every dollar that they are legally entitled to.
Select bus accident results attained by the firm include:
- $6,000,000 settlement for a passenger on a city bus who was hurt when the bus crashed with another vehicle in Brooklyn, New York
- $3,000,000 settlement in Brooklyn case for a driver who had the green light when he was hit by an MTA bus making a left turn
- $2,925,000 award in a Bronx case for a driver who was hit by a bus which ran a stop sign
To speak with an attorney today, please call 212-736-5300 or fill out our Contact Form, and one of our lawyers will reach out to you shortly. To learn more about our auto accident results, please visit the Car Accident Verdicts and Settlements portion of our website.