Fresno police investigations have confirmed that a man killed in a pedestrian accident involving a Fresno Area Express (FAX) bus on Friday apparently had the right of way at the time of the accident.

The accident, the first fatal one involving a FAX bus in the last 18 years occurred at M Street. The FAX bus was making a turn onto M Street from Fresno Street. The driver, it appears, was busy looking at another pedestrian at the intersection, and failed to notice the man, 74-year-old Eloy Padilla-Ortiz who was crossing M Street at the same time. Padilla-Ortiz crossed at a green light, and went unnoticed by the bus driver. The driver, police investigators now theorize, was expecting to stop at the intersection, but instead the light turned green and he turned into the intersection. This means that Padilla-Otriz was in the right, since the light had turned green.

As the accident occurred, the left corner of the bus clipped Padilla-Ortiz. His legs were crushed by the rear wheels of the bus. He died soon after from the injuries sustained during the pedestrian accident.

This is the first fatal accident involving a FAX bus since 1990. In November of that year, a motorist ran a red light causing an accident with a FAX bus. Just two years earlier, a bicyclist was struck by a FAX bus. Since 1990, there have been no fatalities reported involving these buses. According to protocol, when a driver of a FAX bus is involved in a bus accident, he or she is immediately placed under paid administrative leave. No comments are made, and the investigation is deemed as a personnel matter, until all the investigations, including those of the FAX and the police investigations are completed.

The Amalgamated Transit Union, which represents 400 Valley drivers and employees, insists that it will work to protect the rights of the driver. The union expresses sympathy for the victims’ family, but urge the public to remember that their drivers have been driving without causing any untoward incidents for many years.

Even so, a 74-year-old senior citizen was knocked down and run over causing his death. Nothing can change that. Eighteen years of a stain-free record doesn’t completely absolve the driver involved of his very apparent negligence here. For Padilla-Ortiz’s family, the circumstances of his death are surely an extremely painful one. This is not how you imagine the elderly in your family meeting their end. You wish for them to be safe and comfortable in their home, surrounded by the people who love them.

Padilla-Ortiz’s death was entirely avoidable. If not for the driver’s negligence in not being fully aware of the conditions of the streets before he headed right ahead, the man would still be with his family. The Union seems to have made it clear that they intend to seek justice for their driver. We hope, Padilla Ortiz’s family seeks justice for him.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of bus accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.