BIRMINGHAM, AL (WBRC) - The parents of a special needs student who was hit and killed by a MAX Dart bus in Birmingham have filed a motion seeking information from the Birmingham Jefferson County Transit Authority and the bus driver.
Pouneh Bahri, 25, was killed on March 4 when a MAX Dart bus, which looks like a street trolley, hit her while making a left turn onto 20th Street South from 14th Avenue.
Bahri was crossing 20th Street South at a marked crosswalk after leaving a class. She was a student at the nearby Horizons School for young adults with special needs. She was declared dead on the scene.
Birmingham police determined that the driver was at fault in the fatal accident, but no charges have been filed in the case. The driver tested negative for alcohol and drugs. Investigators say that the driver's phone records show there was no phone call or text message activity until after the accident.
Pouneh Bahri's parents, Azadeh Farjadi and Behraz Bahri, filed a petition for discovery in Jefferson County's circuit court on March 21. They want to preserve testimony from the driver and obtain documents from the BJCTA.
"Petitioners Azadeh Farjadi and Behraz Bahri expect to be plaintiffs to a civil action cognizable in the Circuit Court of Jefferson County, Alabama, but they are presently unable to bring it or cause it to be brought. The civil action will be for the wrongful death of Pouneh Bahri," the court document states.
The petition says they expect the testimony and requested documents to show the liability of the BJCTA and the driver for Pouneh Bahri's death.
"This evidence will also show whether the trolley designer or manufacturer, component parts manufacturer and designers, or other persons and entities are liable for Pouneh Bahri's death," the petition says.
Pouneh Bahri's parents are asking for more than 20 items, including all of the BJCTA's documents on the driver, maintenance records of the trolley, all photos and video of the trolley or equipment involved in the incident, the driver's drug and alcohol tests and a list of witnesses to the deadly collision.
Michael Kendrick, a Birmingham-based lawyer who is representing the family, says it is likely they will file a lawsuit at an appropriate time.