Bus ran over my son scooter

What is the name of your state? NY

We live in a closed complex (campus housing) where buses come inside our complex every 15 mins. Anyway our complex housing is considered a safe environment for children (10 mph).

This afternoon when I was not at home, my son played outside with my mother in law (MIL). When I got home, while crying my MIL told me a horrified story. My son, with his scooter, tried to cross the complex street without her notice. Half way, bus came by and when she saw him in the middle of the street she shouted “watch out”. The bus was so close that made my son shocked and scared, he threw the scooter and ran back to MIL. The bus didn’t stop and wait for them to pick the scooter, but the driver just ran over the scooter!! This was really not a kind of people behaves in our small village.

My son was shock and sad his favorite scooter squished. MIL shocked. I called the police. Long story short, he found the bus driver, but he denied that he ran over a scooter. However he saw a son ran back to a lady. The police argued that he saw the squished scooter by himself.

The police came back to me and advised me a couple of options.
- file a statement so the police could give a ticket for failed to yield (NYS law: yield to people in crossing)
- call the drivers supervisor, file a complaint to the bus company

What do you guys suggest? Thanks.

Follow through with the suggestions.

CMorris, Thank you for the fast respond.

Btw, I forgot to mentioned that the cop also asked the driver if there's a way the bus company could replace the damage scooter. I was thinking, actually a little more. I don't really care about the physical damage ($30 scooter) but the mentally stressed MIL (65 yrs) and son (4 yrs). Am I too far? How do I address this. I'm zero in law.

Thanks again.

Ody96 said:

CMorris, Thank you for the fast respond.

Btw, I forgot to mentioned that the cop also asked the driver if there's a way the bus company could replace the damage scooter. I was thinking, actually a little more. I don't really care about the physical damage ($30 scooter) but the mentally stressed MIL (65 yrs) and son (4 yrs). Am I too far? How do I address this. I'm zero in law.

Thanks again.

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Bus companies usually make good quickly on verified claims, also be sure to press the charge with the police since they left the seen besides not yeilding.

Here's the update.

The officer called me again. He said that he talked to the supervisor and the supervisor told the officer that he is going to call me and will "cooperate". I also mentioned to the officer that my MIL will press the charge. He was stoned for a sec and suggested me to call the supervisor first and get back to him if needed.

Then I called the supervisor. I felt that he doeisn't want to talk to much, infact he didn't even apologies for the incident. He just told me that he was aware of the issue and will contact the officer back on monday, and will call me too on Monday.

I tried to call back the officer to his regular line (from the card he gave me), but he's not in his office (no one pick up). What should I do? I can stop by to the police station tonight, it's just a couple of minutes away. I'm leaving for a trip in the morning and most likely be back by Mon evening. Do I need to take care this before I leave? It's 9 PM now. Thanks everyone.

you will most likely get compensated for the scooter, but for mental anguish (stress) your MIL would have to prove that by going to a psychiatrist. mental anguish and punitive claims are usually hard to gain.

check out the links on this site as well as findlaw.com for more in-depth info on additional steps to take. if the mgr. is still giving you the run around you can go to small claims court on principle.

Something is a little 'missing' in your post.
In your OP, you said, "My son, with his scooter, tried to cross the complex street without her notice."
Then, later in the same post, you said that the bus driver somehow had liability due to failure to "yield to people in crossing".
Was your child in a designated 'crossing zone' at the time of the accident?? That FACT could have a lot to do with determining liability.

Also, your MIL has some responsibility in this due to HER failure to properly watch a 4 year old and allowing him to play in, or near, traffic.

The only reason I point these out is that they are also mitigating factors in your apparent determination to hold the driver fully accountable when clearly there are other persons (MIL) who should share the blame for a near tragedy.

If offered, accept the compensation for the scooter, then find a more appropriate, and responsible, babysitter.

Sorry for the late reply. I just came back from the trip.

JETX said:

Was your child in a designated 'crossing zone' at the time of the accident?? That FACT could have a lot to do with determining liability.

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Yes, the scooter was crashed in the middle of the road in the X-ing. I really can't believe the driver did not see the scooter, it's not a tiny toy.

Also, your MIL has some responsibility in this due to HER failure to properly watch a 4 year old and allowing him to play in, or near, traffic.

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I would agree, that's why she was shaking and felt bad.

I don't how your MIL and son should receive compensation for mental anguish from the bus driver's company when this was partially your MIL's fault for not watching your son. By that logic, you and your son should also be pursuing a claim against your MIL for mental anguish. Take the money to replace the scooter, and pursue a ticket against the driver if you want. But mental anguish?