$2,000,000 Settlement

This case involved the tragic death of a five-year-old girl who was struck and run over by her school bus immediately after being dropped off in front of her home. After exiting the bus, the child attempted to cross in front of the bus when she was hit by the front bumper and subsequently run over by both the front and rear driver’s-side tires.

The defense contended that the bus driver acted appropriately, claiming he checked his mirrors, proceeded forward slowly, and could not have avoided the collision because the child ran directly in front of the bus. Video footage did confirm that the child moved in front of the bus. The defense maintained that the incident was unavoidable and valued the case in the low six figures, citing the absence of wrongful death damages under New York law and asserting that the child experienced only a split second of conscious pain and suffering, if any.

Our firm aggressively challenged that narrative. We appeared at a Department of Motor Vehicles (DMV) hearing at which the driver was represented by defense counsel. We submitted evidence establishing that the driver violated multiple provisions of the New York State Commercial Driver’s License Manual (CDL) governing school bus operation. Specifically, we demonstrated that the driver was required to account for each child exiting the bus and to ensure that all students were safely clear of the “danger zone” before moving the vehicle. We also submitted a powerful victim impact statement on behalf of the child’s family. Following the hearing, the DMV Administrative Law Judge ruled that the driver violated CDL requirements and was found to be negligent.

In the civil action, the defense attempted to transfer the case to a more defense-friendly venue, an effort which we successfully opposed. We further strengthened liability by conducting a comprehensive inspection that included a 3D laser scan of the bus and roadway, supplemented by overhead drone footage. This evidence showed that, had the driver properly checked his mirrors as required, the child would have been visible before the bus moved forward.

After these developments—establishing regulatory violations, defeating the venue challenge, and developing compelling technical evidence—the defense agreed to mediation. The case ultimately resolved for $2 million, a result that reflected the strength of the evidence that was developed by our firm and the devastating nature of the loss to the family of the decedent.