Wrongful Death Lawsuit Filed Against SamTrans

Daly City, CAIn 2007, a woman was walking in a crosswalk in Daly City when she was suddenly struck by a bus and killed. Now her family has filed a wrongful death suit against the driver of the bus and the transit company that operates it.

The family alleges that the San Mateo County Transit District was negligent when they hired the driver, Juan Ignacio Perales, who the plaintiffs say has a poor driving record and who was not familiar with the bus or the route in which he was driving.

The lawsuit, filed on April 4 in San Mateo County Superior Court, says that on November 19, Amy Aiwa Leong Chan, 50, was struck while using a crosswalk. The bus had initially run over her leg and the police had believed that she would survive the incident, but Chan had experienced brain damage that was what caused her death 10 days after the accident.

Chan's husband, her mother, and her two children are represented by Joseph Nierenberg who is based out of San Francisco. As of yet, Nierenberg has not elaborated on the details surrounding the lawsuit because he says the family is still in a state of grief.

Perales, 38, has also been named in the lawsuit has never had to face any criminal charges associated with the incident. However, the case has been referred to as a reckless-driving incident. The investigation that had been conducted were reviewed by prosecutors and it was determined that Perales simply was not able to see Chan in the crosswalk. It is said that there was a glare that had occurred on the passenger side window and that a part of the bus and the door prevented him from being able to see her.

One passenger had stated that Chan had darted into his path, but another passenger said there was nothing wrong with the pace in which she was walking.

As of now, Perales is no longer an employee of the transit district. The family is suing for punitive damages and burial expenses.

By: Ginger Gillenwater