One of the DART Bus/Pedestrian Accidents Goes to Trial

Over the past few years, there have been several personal injury incidents during which pedestrians were run over by a DART bus and injured. A lawsuit filed by one of those pedestrians went to trial this week in Des Moines. Here is the link to the Des Moines Register Article:

DM Register Article

This will be a case of which version of events, the bus driver’s or the pedestrian’s, the jury finds more believable. Eyewitness testimony, if any, will also play an important role. But what about the other bus/pedestrian accidents. Can the pedestrian use those other incidents to help prove his case? Can the pedestrian offer evidence concerning DART’s policy changes for making turns? The answer, as it often is with legal matters, is maybe. That is up to the trial judge. The judge also has authority to limit the uses for which this evidence can be introduced.

Under Iowa’s rules of evidence, proof of other wrongs cannot be used to prove that a party was negligent in the particular case being considered. It may be admissible for other purposes though, such as proving knowledge or absence of a mistake or accident.

The policy changes that DART made after its buses began hitting people may be considered “subsequent remedial measures.” Subsequent remedial measures are not admissible to prove negligence in connection with the accident that is at issue. Such measures can be used for other purposes, for example proving that measures that could have avoided the accident were available to the defendant if the defendant argues that greater precautions were not possible.

If you or a family member have been involved in a accident that causes personal injury or wrongful death and need legal representation, please contact Erbe Law Firm today to see if I can give you a hand.