The driver of a campus bus that struck an Ohio State student in November was at fault in the accident, according to a campus police report, and has been disciplined.

The student, Yuhao Sun, said in an e-mail that he is recovering and that “we are still in the process of negotiating with CABS about the accident.”

However, Sun would not say whether he or his family has retained an attorney to negotiate with OSU. University media relations officials and a Transportation and Parking official say they are unaware of any litigation or even conversations between Sun and OSU.

On Nov. 18, Sun was walking in a crosswalk on Woodruff Avenue when a CABS bus struck him. He spun violently to the ground, according to a witness statement. Sun complained of pain in his side and was taken to the OSU Medical Center.

Sun, a third-year in chemical engineering, said he was four to five feet into the crosswalk when he was hit. He said the driver did not stop the bus until it struck him.

“My only deduction was the bus driver had no intention to yield at all,” Sun said in an e-mail Monday. “How could the driver not pay extra attention when it gets close to a crosswalk, where by law the bus needs to yield for people, especially when it was around noon at an interchange between classes when the street was full of people?”
The University Police officer who responded determined that the driver, Everett Jefferies, was at fault. However, he did not issue Jefferies a citation.

Officers have that discretion, said deputy police chief Richard Mormon. He said officers do not necessarily have to issue citations even when the driver is at fault.

Transportation and Parking initiated a corrective action process with Jefferies, said Sarah Blouch, director of Transportation and Parking. She said the level of discipline a driver faces “depends on the circumstances.”

“All accidents that occur involving a bus driver are reviewed by the CABS manager [Tom Holman] to determine if they are preventable or non-preventable,” Blouch said in an e-mail. “In this case, the accident involving Mr. Sun and Mr. Jefferies was found to be preventable.”

Because the accident was Jefferies’ first, he received “Documented Constructive Counseling,” Blouch said in an e-mail. That process is required under provisions of the drivers’ union contract.

Blouch said in an e-mail, she is “unable to speculate on conversations between Mr. Sun’s family, attorney and those here at Ohio State because no one from Transportation and Parking is a participant in any discussions regarding this matter.”

One thing is certain. The rumor — which has been circulating campus for years — that anyone hit by a campus bus receives free tuition is indeed rumor, not fact, said Jim Lynch, director of media relations.

“We’ve heard it,” Blouch said. “The drivers are terrified by that rumor.”

Since September 2007, there have been three accidents involving a pedestrian and a CABS bus, according to University Police records.

The first occurred in September 2007. Daryl Buckner stepped off a curb at the intersection of West 12th Avenue and College Road and walked into a bus, according to the police report. The bus was stopped at the time because the driver saw the pedestrian walking directly toward the side of the bus. The pedestrian was found to be at fault.

The second occurred in October 2008. Devon Waverly was crossing College Road at the intersection with West Woodruff Avenue when a CABS bus ran over her foot. She was in the crosswalk and said the crossing signal indicated she had nine seconds to cross, according to the police report. Driver Nick Santino, who was making a right turn from West Woodruff Avenue onto College Road, stated his light was green and there were no pedestrians crossing College Avenue.

Blouch said that because of these pedestrian-bus accidents, Transportation and Parking is beginning to “assess the problem areas.” She said they are concerned by it.

She said students’ frequent use of iPods and cell phones while walking to class is dangerous and could lead to accidents.

“We are aware of this trend,” she said. She also said they plan to hold pedestrian safety seminars to address the issue.