Pedestrian Safety - The Pedestrian's Due Care Obligation

Is the driver of a DART bus really the suspect of a hit and run? According to an earlier Des Moines Police accident report filed on Monday October 19th that’s exactly what happened. Police are saying the accident occurred about 10:45 Friday at Seventh and Walnut streets but was not reported until Monday. Randy Alderman reported the accident and is the alleged victim of the hit and run who suffered a minor shoulder injury. Alderman has said that he was standing on the curb painting a shelter at one of the metro bus stops, when the DART bus pulled up to hit passengers and struck him in the shoulder. The police report says:”He then told the bus driver he had hit him and the bus driver said, “I didn’t see you.” The bus driver then left the area.” The DART bus driver was described as an older white male with white hair and was also able to give the police the bus number. Police are saying that alderman was seen by a doctor sometime after the accident.

Of course it begs the question as to what Alderman's fault is for this accident. What was he looking at that he didn't see a bus coming and the mirror about to strike him? Do passengers have an obligation to watch out for their own safety? They do. But then again so does the bus driver. This is the nature of comparative fault in Iowa.