Seven Weeks Later, Fayetteville Boy Remains In Hospital After Bus Accident

Courtesy Photo Michael Lewallen, 7, was hit by a University of Arkansas bus on North Betty Jo Drive last month in Fayetteville.
Courtesy Photo Michael Lewallen, 7, was hit by a University of Arkansas bus on North Betty Jo Drive last month in Fayetteville.

FAYETTEVILLE -- A Fayetteville boy is still in the hospital seven weeks after being hit by a Razorback Transit bus. The accident hasn't spurred any response from the University of Arkansas or police.

Michael Lewallen, 7, continues to be treated at Arkansas Children's Hospital in Little Rock after more than a dozen skin grafts and other surgeries to his legs and pelvis, his family's attorney said.

At A Glance

Police Accident Report

“The video pulled from the bus shows that at the moment of the collision, the bus was traveling 35 miles per hour. This is listed as a contributing factor in the collision. The video shows Lewallen running into the street towards the bus … Lewallen looks as though he tried to stop and leaned away from the bus just before impact.

“Operator Razinha appears to see Lewallen at the last moment, applies the brakes and sounds the bus’s horn.”

Source: Fayetteville Police

"The treatment he's had at Children's Hospital is really pretty closely akin to what you would do for a severe burn victim," said Russell Winburn with Fayetteville's Odom Law Firm, who represents Lewallen's mother, Sabrina Zalsman, and her husband, Daniel Zalsman. "That's the closest analogy I can give."

Lewallen was run over by a university bus's front wheel during a Feb. 15 birthday party on North Betty Jo Drive, a neighborhood of apartments and four-plexes just west of Interstate 540. He darted into the street, apparently without seeing the bus, according to a police report.

Lewallen will wear special bandages for a year and receive physical rehabilitation for two years, Winburn added.

"We are hopeful that he will be able to get home in time to get home-schooled enough that he won't have to repeat first grade," Winburn said.

According to the police report, the bus was moving 35 mph, or 10 mph above the speed limit. The speed is listed as "a contributing factor in the collision," according to the report. The driver, Christina Razinha, wasn't ticketed for speeding, and the report concluded the boy was most responsible for the accident.

"Speed didn't really play a factor in this accident -- when you look at the accident itself, the young man really ran into the side of the bus," said Sgt. Craig Stout, department spokesman.

"There's nothing that says we have to write a citation on an accident," he added, noting each accident is different. "The officer has the discretion to write one if he decides it's necessary. It doesn't matter if you're doing 50 mph over the speed limit or 5."

There's been no internal review into why the driver wasn't cited, Stout said.

Northwest Arkansas drivers have been cited or charged several times in the past few years when they hit and injured a pedestrian. For example, a woman was charged with two felonies last month in Bentonville after a one-car accident injured her passenger and the pedestrian died.

On the other hand, a driver who injured a Springdale pedestrian last December wasn't cited. Citations or charges typically follow pedestrian accidents if other driver actions played a role, such as driving while intoxicated or fleeing the scene, a review of recent accidents shows. Alexandra Adams, the woman in Bentonville, was heavily intoxicated at the time of her accident, police said.

Razinha had no alcohol in her system that Saturday afternoon, according to the police report. She also stayed at the scene and was clearly upset by the accident when officers arrived, according to the report.

A university spokesman declined to say if Razinha is still employed by the university or if she was reprimanded. The school has no plans for a wider response to the accident, such as additional training or instruction for drivers.

"As a matter of policy, the university generally does not address personnel matters," said Steve Voorhies, university spokesman. "University Transit drivers are extensively trained, and we are confident that this training is appropriate and sufficient."

Though the family hasn't decided to file a lawsuit, Winburn said they were generally concerned about university bus speeds and children's safety and legal action is "likely."

Video from the bus shows the driver could have stopped in time to avoid Michael if she had been going the speed limit, Winburn said.

Even if that weren't the case, he said, "It's unusual for someone who's speeding not to get a speeding ticket."

NW News on 04/05/2014

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