MTA Driver Killed in Accident With Tow Truck

Early this morning a tow truck and bus collided at an intersection in Los Angeles, causing the death of the MTA driver.   According to KABC News, the preliminary investigation suggests the driver of the tow truck was speeding and ran a red light, before colliding with the bus.  The tow truck, driven by a 30-year-old male, caromed off of the bus and into a 7-Eleven store at 457 S. Broadway.  The bus driver, a 35-year-old female,  was taken from the scene to a local hospital in critical condition, where she later died.  The driver of the tow truck also suffered serious injuries in the accident, and an employee inside the convenience store sustained minor injuries.  

Liability For This Tragic Accident

While the full investigation into this horrific accident is far from complete, the preliminary impression of the law enforcement officials is that the driver of the tow truck was speeding at perhaps 60 miles per hour.  The area of the accident has a 30 mph speed limit.  Consequently, if the tow truck driver was both speeding and ran a red light, then liability against him and likely his employer would be established as a matter of law.  When someone violates a statute intended for safety reasons (such as laws having to do with speeding and red light violations), then that person is found liable for "negligence per se."  In other words, what was done is something no reasonable person would do in that situation.  In the case above, it is easy to see that no reasonable person would drive 60 mph in a 30 mph zone and then run a red light.

Responsibility of The Tow Truck Driver's Employer

Assuming that the tow truck operator was at fault, the next question in a civil case would be whether he was in the "course and scope" of his employment at the time.  It is unknown whether the driver was on his way to perform services for his employer or whether he was simply on his way to his usual workplace.  In California, if an employer asks their employee to run a special errand (as opposed to simply driving to their usual office or workplace), then the travel to and from the errand location is considered within the driver's course and scope of employment.  Simply driving to and from work is generally not within the scope of employment.

If you have been injured or a loved one has been killed by a careless driver, contacting an auto/bus accident attorney is an important first step toward obtaining compensation for injuries and other losses suffered.

SOURCE:  MTA bus driver killed in downtown LA crash involving tow truck, KABC News, June 12, 2013, by John Gregory