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According to AP News, the driver of a cement truck that veered into oncoming traffic and collided with a school bus carrying over 40 pre-K students has been arrested and charged with criminally negligent homicide. The truck accident occurred on March 22, 2024, on Texas State Highway 21 near Caldwell Road in Bastrop, TX.
Video footage from the bus's dashboard camera, released by the Hays Consolidated Independent School District, shows the cement truck suddenly veering across the double-yellow line on a rural highway. The bus driver attempted to avoid a head-on collision, but the truck still struck the bus, causing it to roll and crumple the roof.
The crash left four people in critical condition, who were airlifted from the scene, and six more with serious injuries, who were transported by ambulance to nearby hospitals. The bus was carrying 11 adults in addition to the children.
The March 22 collision resulted in the deaths of 5-year-old Ulises Rodriguez Montoya, who was on the bus, and Ryan Wallace, 33, who was driving another vehicle struck by the truck. Austin-Travis County Emergency Medical Services reported that numerous students and teachers were injured, resulting in the transportation of 32 individuals to hospitals for medical treatment.
Tragically, the school district has confirmed that the bus did not have seat belts, which may have contributed to the severity of the injuries sustained by the passengers.
Jerry Hernandez, 42, was apprehended at a residence in Bastrop County without incident, according to Sgt. Deon Cockrell of the Texas Department of Public Safety.
During the investigation, it was revealed that the driver, Hernandez, initially denied using drugs before the crash but later admitted to it. According to conversations with investigators, Hernandez stated that he had not consumed any illicit substances in the week leading up to the crash but did have a history of using marijuana and cocaine, according to USA Today. He admitted to smoking marijuana around 10 p.m. and consuming a small amount of cocaine a couple of hours later at 1 a.m. The Statesman also reported that Hernandez had failed drug tests in the past, testing positive for marijuana in December 2022 and cocaine in April 2023. Despite being asked to be tested by an employer in September 2020 due to suspicions of drug use, Hernandez refused.
The owner of the truck, Francisco Martinez, declined to comment on the crash and referred all inquiries to his attorney, who has not yet responded. Martinez admitted that he had not verified Hernandez's commercial license status or checked his history with the Drug and Alcohol Clearinghouse before employing him.
Criminally negligent homicide is punishable by up to two years in jail and a fine of up to $10,000. Bastrop County online records do not indicate whether Hernandez has retained legal representation.
Following the tragic school bus collision that claimed the lives of a young student and another driver, we sat down with experienced Texas truck accident lawyer Marc Lenahan to discuss the legal options and considerations for the victims and their families. As an experienced legal professional in this field, Lenahan discussed the complex legal avenues that may be available to those impacted by this devastating incident.
Editor Darla Medina (DM): Mr. Lenahan, thank you for taking the time to speak with us about this heartbreaking incident. As a truck accident attorney, what are some of the key legal considerations for victims and their families impacted by truck accidents?
Attorney Marc Lenahan (ML): This is a devastating situation, and my heart goes out to all those affected. In cases involving commercial vehicles like cement trucks, there are often complex legal issues that come into play. The victims and their families may be entitled to compensation for medical expenses, lost wages, pain and suffering, and, in the tragic event of a fatality, wrongful death damages.
DM: Can you elaborate on the potential legal avenues available to the victims and their families?
ML: Absolutely. Depending on the circumstances, the victims or their families may be able to pursue a personal injury or wrongful death lawsuit against the truck driver, the trucking company, or even the manufacturer of the vehicle or its components. These cases can be challenging, as they often involve navigating a web of regulations and insurance policies, but an experienced truck accident attorney can help guide them through the process and fight for the compensation they deserve.
DM: What are some of the key factors that a truck accident attorney would investigate in a case like this?
ML: Some of the critical factors to examine include the driver's employment history, training, and driving record, as well as the maintenance and safety records of the vehicle involved. They would also thoroughly review the crash scene evidence and any available video footage to determine the cause of the accident. Additionally, they would work closely with accident reconstruction experts to build a strong case on behalf of their clients.
DM: Thank you, Mr. Lenahan, for providing this valuable insight. It's clear that the victims and their families have a long road ahead, but with the right legal representation, they may be able to find some measure of justice and closure.
ML: You're most welcome. In these difficult times, it's important that the victims and their loved ones know that there are experienced professionals who can fight for their rights and help them navigate the complex legal landscape.
For the victims and families affected by fatal truck accidents, the road ahead may seem daunting. However, it's important to know that you have rights and there are experienced professionals who can fight for the justice and compensation you deserve. If you or a loved one have been impacted by a truck-related accident, we encourage you to reach out to our news outlet for a free consultation with a trusted truck accident attorney like Marc Lenahan in Texas. Our team is here to guide you through the legal process and ensure your voice is heard. Don't hesitate to take the first step towards finding the answers and support you need during this difficult time.
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