Last reviewed: October 2, 2026 by Jacob Oresky, Esq.
A pedestrian who was crossing a New York intersection with the pedestrian signal in his favor recovered a $2.5 million settlement after a yellow school bus turned right into the crosswalk and struck him, fracturing his right heel. The $2.5 million school bus pedestrian accident case resolved during trial in 2026 in Kings County Supreme Court. The recovery rested on the operator’s failure to yield the right of way to a pedestrian who was lawfully in the crosswalk with the signal in his favor.
Case Facts
| Outcome | $2,500,000 Settlement |
|---|---|
| Resolution | Settlement (reached during trial) |
| Mechanism | Pedestrian Struck by a Right-Turning School Bus |
| Legal Basis | New York Vehicle and Traffic Law (failure to yield to a pedestrian in a crosswalk); common-law negligence |
| Court | Kings County Supreme Court |
| Year | 2026 Settlement |
| Attorneys | Jacob Oresky, Esq.; Joshua E. Goldblatt, Esq. |
Pedestrian Struck by a Right-Turning School Bus — How the Accident Happened
The $2.5 million school bus pedestrian accident case arose from a right turn made across an occupied crosswalk. The pedestrian had entered the crosswalk with the pedestrian signal showing in his favor and was proceeding across the intersection when a yellow school bus turned right onto the cross street and drove into his path.
Registration records obtained during the investigation confirmed that the striking vehicle was a yellow school bus rather than a passenger car, a detail that framed the standard of care expected of its operator. A bus making a right turn carries a wider swept path and larger blind areas than a car, which is precisely why a driver completing such a turn is required to account for pedestrians already in the crosswalk before the turn begins.
The pedestrian was not crossing against the signal, mid-block, or outside a marked crosswalk. He was where the traffic-control devices directed him to be, doing what the signal permitted him to do, when the turning bus reached him.
Why Liability Applied — Failure to Yield in a Marked Crosswalk
New York Vehicle and Traffic Law and the Right of Way
Under the New York Vehicle and Traffic Law, a driver turning at an intersection must yield the right of way to a pedestrian lawfully within a marked crosswalk, and the New York City Traffic Rules impose the same obligation on turning vehicles. The duty does not shift to the pedestrian because a vehicle is large or because a turn is already underway. In the $2.5 million school bus pedestrian accident case, the pedestrian had the signal and was inside the crosswalk, which placed the obligation to yield squarely on the turning operator.
Common-Law Negligence and the Duty of a Commercial Operator
Separate from the statute, every driver owes a common-law duty to operate a vehicle reasonably, to keep a proper lookout, and to see what is there to be seen. That duty is heightened in practice for the operator of a large commercial vehicle, whose sightlines and turning geometry demand more deliberate clearing of a crosswalk before proceeding. The plaintiff’s position in this case was that the operator either failed to look for pedestrians in the crosswalk before turning or looked and turned anyway.
The $2.5 Million Settlement — How the Recovery Was Reached
Unlike claims that resolve in the early stages of litigation, the $2.5 million school bus pedestrian accident case was tried, and the settlement came during trial. Through discovery and trial preparation, Oresky & Associates, PLLC assembled the right-of-way proof — the signal phase, the pedestrian’s position in the crosswalk, and the geometry of the turn — alongside the medical record documenting the heel fracture and its surgical repair, and the effect of the injuries on the pedestrian’s ability to walk and work.
Reaching a resolution during trial rather than before it reflects a case the firm was prepared to put to a jury. With liability evidence presented and the damages proof in the record, the matter settled for $2,500,000.
Injuries Sustained in the School Bus Accident
The pedestrian sustained a fracture of the right heel that required surgery, along with injuries to the right knee and the lower back.
About the Attorneys Who Handled This Case
This case was handled by Jacob Oresky, Esq., and Joshua E. Goldblatt, Esq.
Jacob Oresky is the founder and managing attorney of Oresky & Associates, PLLC and has represented injured New Yorkers for more than 30 years. His practice focuses on serious personal injury, motor-vehicle, and construction accident claims.
Joshua E. Goldblatt is a personal injury attorney at Oresky & Associates, PLLC who represents people injured in motor-vehicle and pedestrian accidents throughout New York.
Related Pedestrian and Car Accident Settlements
$5 Million Recovery — Pedestrian Killed by a School Bus
The firm recovered $5 million for the family of a pedestrian who was killed when a school bus struck them.
$3.45 Million Settlement — Man Crushed Between Vehicles in a Parking Accident
A man standing behind his parked car was crushed between vehicles when a driver accelerated forward instead of reversing, and the case settled for $3.45 million.
$2.8 Million Settlement — Multiple Passengers Injured in a Bus Rollover
Multiple passengers injured when a bus rolled over recovered a $2.8 million settlement.
Common Questions About the $2.5 Million School Bus Pedestrian Settlement
Was the $2.5 million recovery a verdict or a settlement?
It was a settlement. The $2.5 million school bus pedestrian accident case went to trial and was settled during the trial in 2026, in Kings County Supreme Court.
How did the school bus accident happen?
A pedestrian was crossing a New York intersection with the pedestrian signal in his favor when a yellow school bus making a right turn onto the cross street failed to yield and struck him.
Why was the bus operator responsible for the collision?
New York law requires a turning driver to yield the right of way to a pedestrian lawfully in a marked crosswalk, and a commercial operator must keep a proper lookout before completing a turn. Because the pedestrian had the signal and was already in the crosswalk, responsibility for the collision rested with the turning operator.
Does a similar school bus accident guarantee a similar recovery?
No. Every pedestrian accident case is different. Prior results do not guarantee a similar outcome, and the value of any claim depends on the specific facts, injuries, and legal circumstances involved.
Get Answers About Your New York Pedestrian Accident Case
Oresky & Associates, New York Pedestrian Accident Attorneys
A pedestrian struck by a bus or truck is often left with orthopedic injuries that interrupt work and daily movement for months, while the carrier’s investigators are building a record from the first day. Knowing how the signal phase, the crosswalk markings, and the vehicle’s turning path will be argued matters from the outset.
Oresky & Associates, PLLC, has spent more than 30 years representing injured pedestrians and motorists throughout New York. The firm reconstructs how each collision happened, documents the full medical and economic toll, and pursues the compensation the law allows in motor-vehicle and pedestrian accident claims.
If you or a loved one was struck by a bus or another vehicle while crossing the street, contact Oresky & Associates, PLLC, for a free, confidential consultation to discuss your legal options.