Family of Cary 3 year old hit and killed by bus sues service operators
CHICAGO (CBS) – A little boy was riding his scooter outside his house earlier this year when a bus rounded the corner and hit him.
The 3-year-old boy from far northwest suburban Cary later died.
His family is suing and said they're afraid this will happen again. CBS 2's Lauren Victory looked into their fears and outlined some hefty allegations against the driver and more.
There's no question the little boy was playing in the street, but his family said that's how life is in rural Cary.
The 3 year old's mother spoke exclusively with CBS 2 on Tuesday after filing a lawsuit she felt was necessary to change bus driver behavior in her area.
"He was the light of our lives," said Rachel Huddleston, the boy's mother.
She described her son Samuel as bright and funny.
"We would go on walks and he would wave to every single neighbor and he would say 'Hi, I'm Sam!," she said.
The 3 year old was playing on a scooter one afternoon in May when he was tragically struck and killed by the bus.
"If it happened while I'm right there, watching my son, then it could happen," Huddleston said. "It could happen to any child trying to ride their bike in a tiny neighborhood."
It's a fear that the Huddlestons are taking to court in a wrongful death lawsuit. The family alleges the bus driver did not keep "a proper and sufficient lookout," "failed to decrease speed," and "failed to remain in her proper lane of travel.
The accident took place at the intersection of Hill and Cherry streets in Cary. Attorneys for the Huddlestons provided photos from the scene. They said the bus initially bumped Samuel off his scooter, then ran him over.
"She had more than ample room to stop the vehicle after the first impact," said Dennis Stefanowicz, an attorney for the Huddlestons.
Lawyers said they wanted to view footage from a surveillance system inside the bus.
"The video from the afternoon, which would've showed the interior of the bus and the action of driver, was not available," Stefanowicz said.
Were the cameras not working? Lawyers think the video could have been deleted intentionally. CBS 2 asked the bus operators Transportation Joint Agreement about the footage, but they declined to comment.
"That first week of school, the drivers were still flying through that corner," Huddleston said.
The Huddlestons said they're forced to fight for change in Samuel's name.
"We don't have sidewalks so no cars usually fly through here and buses of all should not fly through," Huddleston said. "It took me a long time to get a lawyer because I just assumed there would've been extra training for the drivers afterwards."
The bus service operator would not answer any questions from CBS 2, including whether any additional training happened after the accident or if the driver involved is still busing kids.