Family of pedestrian struck and killed by York school bus settles lawsuit

The family of a 77-year-old pedestrian killed last year when he was hit by a York school bus in a hit-and-run case has settled a lawsuit against the S.C. Department of Education.

Terms of the settlement between the state and the family of Carlos Octavio Madariaga were not disclosed in court documents, which show that the case was settled after mediation.

Madariaga was found in a ditch along Lincoln Road on April 13, 2016. But only hours later did school officials learn that a bus was involved, and Madariaga was hit by a bus mirror. School officials and police said the driver and student passengers did not know the bus hit Madariaga.

Craig Wilkerson, lawyer for the Madariaga family, declined comment on the terms of the settlement. The family had sued alleging wrongful death and negligence after prosecutors determined there was no criminal wrongdoing by the bus driver.

16th Circuit Solicitor Kevin Brackett declined to file charges in the death, saying Madariaga’s death was a “tragic accident.” City of York police and prosecutors said Madariaga was walking with traffic along the white line at the edge of the road when he was hit.

The sides reached a monetary settlement after more than four hours of mediation last month. The state’s education department supervises school buses.

Settlement amounts are generally released quarterly under state transparency laws, but last week’s settlement has not yet been updated on the website of the South Carolina Insurance Reserve Fund.

An education department spokesperson declined comment, deferring questions to the Insurance Reserve Fund that settled the case. Attempts Wednesday to reach insurance reserve fund officials for the settlement were unsuccessful.

This story was originally published July 5, 2017 at 5:05 PM with the headline "Family of pedestrian struck and killed by York school bus settles lawsuit."