7-year-old Aiyana Osburn, who was hit by a car after getting off a TARC bus, died during surgery at Kosair Children's Hospital on Monday night. The accident occurred in Buechel, Kentucky as Aiyana and a family member got off a TARC bus heading north on Buechel Bank Road at Sanford Avenue. According to reports, as the two walked to the rear of the bus and crossed the street, Aiyana was hit by a southbound Chevrolet Monte Carlo. Aiyana suffered severe head injuries and was taken to Kosair Children's Hospital. Sadly, Aiyana succumbed to her injuries during surgery and died.
While some may disagree, if a question remains as to whether a driver or a pedestrian had the right of way, the tie should go to the pedestrian. Even with the right of way, drivers still should use extra caution when passing through a crosswalk or other areas with heavy traffic. Even if investigators determine the Monte Carlo had the right of way, the driver still could have acted negligently in failing to use extra caution, and face wrongful death claims from Aiyana's family.
This case also highlights the importance of a private accident reconstruction expert. In circumstances where the cause of such a horrible accident remains unknown, it is absolutely essential to get an accident reconstructionist on the scene as soon as possible. May times private reconstructionists are willing to spend the time and resources necessary to find out the truth regarding the cause of a crash. Securing quality representation early can make all the difference.
Whenever a pedestrian is hit, it is critical to get as much information from the scene of the accident as fast as possible. Scientific evidence about where Aiyana was hit, whether she was in a crosswalk or on the side of the road, whether the traffic light was green or red, can be harder to get as time goes by. In addition, eyewitnesses should be contacted as soon as possible.
According to a study published by Transportation for America, 535 pedestrians were killed in Kentucky between 2000 and 2009. Louisville was the deadliest metro area with 192 pedestrian deaths. In fact, 11.6% of all pedestrian fatalities in the Commonwealth occurred in the Louisville metro area.
The attorneys at JONES WARD PLC represent families of pedestrians killed in a motor vehicle accident and have experience litigating these types of cases. If you or a loved one has been injured by a motor vehicle as a pedestrian or involved in a motor vehicle accident of any type, contact attorney Terrance Massey at JONES WARD PLC. He can be reached by phone at 502-882-6000 or by email at tj@jonesward.com.
