Highest dollar recovery for college student struck and killed by Port Authority bus

Most members of the public are not aware that there are limitations or “caps” on how much a
government agency can be made to pay when they cause injury or death to a person. For
example, regardless of how negligent or outrageous the conduct of the government agency is, the
most that a state agency has to pay for any harm that they cause, including, death is $250,000,
and the most that a local agency can be made to pay is $500,000. These damage limits have
been in place for some 40 years in Pennsylvania and have never been increased!

This particular case involved an outstanding college student and researcher who was struck and
killed on the campus of the University of Pittsburgh when an Allegheny County Port Authority
bus making a right turn failed to see the student who was in the crosswalk. Apparently, the bus
driver was unable to see the pedestrian because she had allowed bus passengers to stand in a
location that blocked her view.

Many times, when motor vehicle accidents happen there are no witnesses other than the involved
drivers, and they naturally have different recollections of how the accident happened, each one
recalling events in a manner favorable to themselves. Sometimes, however, there are neutral
witnesses who see the accident, or even better, there are occasions when video cameras in the
area capture the actual accident as it occurred. In this case, we were very fortunate that
surveillance cameras from surrounding buildings on the University campus captured the accident
sequence as it evolved in real time. That video proved to be the most critical evidence in the
case.

While we were able to make a maximum recovery of the highest available dollar amount, this
case was a tragic example of the unfairness and inadequacy of the present laws that place such
small limits or “caps” on recoveries against government agencies. Technically speaking, only
the state legislature can increase those damage limits but there have been some suggestions from
the Pennsylvania Supreme Court that they may force the legislature to take action and increase
the limits. So far that has not happened, and those outdated “caps” remain in place today.