I'd not be surprised if a court were to find him 25% at fault.
A green light is your assurance of only one thing - the light is green.
A good argument could be made that the bus driver was not exercising due care and attention. Clearly, he had chosen to divide his attention between the gizmo on his dash, and the road and cars around him.
Depending on sight lines etc., if the Defendant can prove that an attentive driver would have noticed him sooner and taken appropriate avoidance action (braking, for instance), the bus driver might wear more than just the windshield.
While there are a number of inexcusable reasons why the pickup driver was going through a red light, it is conceivable there may have been other things at play. I'm not saying this would take him off the hook, but it's a mistake for any of us to assume a green light GUARANTEES there won't be a car entering the intersection when it shouldn't.
I took another look at the video - a few things stand out:
1. while adjusting the seat (a bit late to be doing that), idiot bus driver had a pen in his hand, which he then transferred to his left hand, then placed the pen on the dash. Ever try to steer with a pen in your hand? Neither have I:
2. idiot bus driver is playing with his gizmo right up to the moment he sees (too late) the pick-up;
3. from the third camera view, there appears to be a clear sight line to the pick-up truck well in advance of the crash. There seems to have been time for the bus driver, had he not be worshipping at the alter of the electronic gizmo, to have applied the brakes, and perhaps avoid the collision altogether.
If he worked for me, it would be bye-bye time.
Edited 2 time(s). Last edit at 01/13/2015 06:52PM by Roger987.
(
view changes)