A year-and-a-half after a Broward Transit bus struck and killed a 20-year-old bicyclist, the victim’s family is still seeking justice.
The mother of Nestor Sivada can’t watch the surveillance video of the incident without crying. It shows the 70-year-old bus driver looking to the left as he makes a right turn at the intersection of 84th Avenue and Broward Boulevard in Plantation on November 18th, 2021.
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The surveillance video appears to show Sivada starting to cross the street with his bike in hand as the bus rolls over him. He was pronounced dead at the scene.
“We miss him very much,” said Carmen Guerrero. “I believe in American justice, and that’s why I’m here.”
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But Guerrero’s attorney said she isn’t getting the justice she deserves.
Attorney Brett Yonan pointed to documents from an internal investigation conducted by the county that deemed the incident “preventable.” Those documents also conclude that the 70-year-old driver "failed to look in the direction of travel."
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The Plantation Police Department’s traffic homicide report showed the bus driver citing “heavy traffic” and “poor visibility” in his statement to police.
But Yonan says the surveillance video is clear.
“You can see Nestor on the video. So, visibility wasn’t an issue. We know weather wasn’t a problem. There was no fog. If he looked, he would have seen him,” said Yonan. “They’ve never issued an apology or admitted that their driver was to blame for this. No payment for anything. I think for funeral expenses, a local church helped the family take care of it.”
In a statement to NBC 6 Broward County officials said, “The county does not comment regarding pending litigation.”
The family is seeking up to $300,000 in damages.
According to the county’s internal investigation, the bus driver involved was discharged from his job.