Well, according to the article, that depends.
If Covel crossed the median because of a medical condition, then no. But since he crossed the median because he was bumped, the bus driver should have been able to stop.
("When logic and proportion, have fallen sloppy dead")
Now a sane person would think that the family would sue the driver who bumped Covel, causing the accident. Hah! Everyone knows you sue the person with the most insurance -- who cares if it's not their fault.
Yeah, deepest pockets win, so to speak.