Birmingham PD: Bus driver at fault in accident that killed Horiz

Birmingham PD: Bus driver at fault in accident that killed Horizons School student

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Pouneh Bahri, a 25-year-old student at the Horizons School, was hit and killed by a MAX Dart bus in Birmingham March 4. Source: Facebook/WBRC Pouneh Bahri, a 25-year-old student at the Horizons School, was hit and killed by a MAX Dart bus in Birmingham March 4. Source: Facebook/WBRC
Police temporarily shut down 20th Street to investigate. Source: Vanessa Araiza/WBRC Police temporarily shut down 20th Street to investigate. Source: Vanessa Araiza/WBRC
Source: WBRC Source: WBRC
BIRMINGHAM, AL (WBRC) -

Birmingham Police say that the driver in a fatal bus-pedestrian accident was at fault.

Police say that the driver failed to yield the right of way to Pouneh Bahri, 25, while she crossed 20th Street South inside a marked crosswalk. Investigators say the driver was making a left turn onto 20th Street South from 14th Avenue South.

Investigators say multiple witnesses stated that Bahri was inside the crosswalk with the right of way.

The driver tested negative for alcohol and drugs. Investigators say that the driver's phone records show there were no phone call or text message activity until after the accident.

According to police, in a similar case where no one is killed failure to yield to a pedestrian would result in a ticket. They say in this case, the district attorney will look for any negligence on the part of the driver.

The case will now be turned over to the Jefferson County District Attorney for review. A spokesperson says they will apply all of the facts and law to the case but no charges have been filed yet.

Because no charges have been announced against the driver FOX6 News will not identify the driver.

Ann August, Executive Director of MAX, released the following statement:

"First and foremost, our prayers continue to go out to the Bahri family, not only today, tomorrow, but in the future as well. We will continue to keep the family in our prayers.

As you know, the Birmingham Police Department has completed their investigation into the accident of March, 4, 2014. Copies of the police report are available for your review. The Birmingham Jefferson County Transit Authority has been notified by legal counsel that they have been retained to represent the interest of the Bahri family as a result of this accident. Furthermore, the Birmingham Jefferson County Transit Authority has been advised that the investigation conducted by the Birmingham Police Department has been turned over to the Jefferson County District Attorney's office for further investigation. Based on the fact that the family has retained legal counsel and the fact that this has been referred to the District Attorney's office for possible criminal investigation, it is the position of the Birmingham Jefferson County Transit Authority not to comment on the possibility of future and/or pending litigation and/or any possible criminal investigations being conducted by the District Attorney's office."

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