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A Bus Design Flaw Is No Reason to Gut the Right of Way Law

As part of its campaign to make it legal for bus drivers to injure and kill people, the Transport Workers Union says flawed bus design is to blame for bus drivers hitting pedestrians while turning.

Ella Bandes was killed by a bus driver turning right in 2013.
Ella Bandes. Photo via the Record

According to WABC, the TWU claims “half of all recent bus accidents” in NYC and nationwide occurred because drivers were prevented from seeing pedestrians while turning left. TWU and the Amalgamated Transit Union say the issue is that driver visibility is obstructed by the left-hand windshield pillar and the driver's side rear view mirror.

“There’s a blind spot that’s 14 inches wide that obscures not only one pedestrian but as many as 15,” ATU International President Larry Hanley told WCBS. The unions say "newly-designed" buses are the problem.

Of the nine crashes in 2014 where an MTA bus driver killed a pedestrian, three drivers were reportedly turning left and five were turning right. I looked back through media reports on those eight crashes. Most didn't have photos from the scene, but of the three that did, each bus was a different model.

In a statement, the MTA said bus drivers are trained to see pedestrians by “leaning into and out of their mirrors while seated to ensure that their line of sight is not obstructed.”

Mayor de Blasio said Wednesday that if it poses a threat to safety, bus design should be looked at. "But in the here and now," de Blasio said, "our message to everyone in this city, whether they work for the city, or they work for the MTA, or a private individual, is you have to drive safely. You have to yield to pedestrians. You have to respect that there’s new laws now that clearly penalize those who do not yield to pedestrians."

If it turns out that MTA buses were built in such a way that endangers people, by all means, fix the buses. But as the mayor indicated, everyone who drives in NYC must yield to people walking. A bus design flaw is no reason to gut the Right of Way Law.

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