Connecticut Student Killed By University Shuttle Bus
(September 2011) On the evening of March 22, 2011, 20-year old University of Connecticut student, David Plamondon, was crossing a campus intersection and struck by a campus shuttle driven by Lukasz Gilewski. The force of the collision forced Plamondon down and he was run over by the campus transport. Young Plamondon died at the scene from his injuries. Following the accident, police transported the driver to the hospital for chemical screening.
Gilewski, 21, was also a student at the University and was authorized to operate the UConn Transportation Service shuttle bus, which weighs 39,000 pounds. The incident, according to the UConn campus police was captured on video surveillance camera mounted at the intersection.
Additional investigation notes indicated that Gilewski had a valid Class B operator’s license. The police report indicated that the driver was not using any electronic devices, and was not under the influence of substances. The investigation also ruled out roadway and mechanical defects as a cause of the collision. The investigation record does note he was waving to another bus and driver, before the crash occurred.
Who is at Fault for the Student’s Death?
UConn’s Driving and Motor Vehicle Policies are very specific about driver responsibilities. In addition to outlining rules and expectations, the policy offers specifics regarding right of way, notification following human losses and school liability in the event of crashes.
Given the thoroughness of the campus police investigation, determining liability in the case is a matter of eliminating fault. As roadway and mechanical defects were ruled out as contributing factors to the accident, the municipality and bus maintenance service are potentially off the hook. However, Gilewski and his employer, UConn would be potential defendants in litigation.
UConn’s liability could potentially be negated if it is found that their agent, Gilewski violated rules in his operation of the bus. As the police have attributed the accident to distraction (waving at another bus), then the University may be absolved. The University may not be completely clear if additional investigation reveals that the University knew or should have known about potential dangers associated with the particular pedestrian crossing.
Just this past July 15, 2011, Gilewski was arrested. The 21-year-old UConn student was charged with negligent homicide with a motor vehicle, failure to yield right of way to a pedestrian in a crosswalk and operation of a motor vehicle while distracted. Gilewski pled not guilty to his charges. He returns to court in early September.
Source: Driver Of UConn Shuttle Bus That Hit, Killed Student In March Charged