Deborah Serna, a pre-K teacher aide who was seriously injured in a truck accident involving a concrete truck and a Hays CISD school bus in Bastrop last month, has sued the truck company F.J.M Concrete and the driver Jerry Hernandez.
Together with her husband, the educator is seeking more than $1 million in damages to cover medical bills, lost wages, as well as other losses incurred as a result of the horrific crash, which killed five-year-old Ulises Rodriguez Montoya, a student at Tom Green Elementary, and Ryan Wallace, 33, a motorist driving behind the bus at the time.
At the time of the accident, the Tom Green Elementary school bus was carrying 44 pre-K students and 11 adult chaperones, including Serna, from a field trip to a zoo in Bastrop County. Heading west on SH 21, the concrete truck veered off its lane and collided with the bus, causing it to roll over.
According to the documents, Serna sustained four broken bones in her back and several other severe injuries, requiring a break from the classroom to focus on recovery.
Hernandez, the truck driver, was arrested and charged with criminally negligent homicide. He admitted to DPS officials that he had smoked marijuana on the night before the incident, only got three hours of sleep, and snorted cocaine before getting behind the wheel.
Court documents detail Hernandez’s testing positive in at least four other drug tests and is currently being treated by a substance abuse professional.
According to the files, his employer knew about his substance abuse history and allowed him to continue to drive, making them liable for the accident.
Sean Breen, the attorney representing Serna, believes that the trucking company engaged in negligent hiring as they placed all road users at risk by placing a known substance abuser behind the wheel.
The lawsuit alleges that the defendant’s actions constitute a clear case of negligence that resulted in devastating consequences for the victims. The complaint details that the defendant, Jerry Hernandez, was allegedly under the influence of drugs and unfit to operate a vehicle at the time of the accident. It further states that Mr. Hernandez’s vehicle collided with a school bus carrying young children, causing significant injuries and fatalities.
According to the attorney, Serna’s injuries bring to light safety issues around trucking drivers. The horrific crash is still under investigation by the DPS, with a subsequent inquiry opened by the National Transportation Board.
Hays CISD officials say they stand with the victims of the horrific crash. “The district further concurs with the sentiment captured in the lawsuit’s description that this crash has wreaked havoc and destruction, and the allegations of the level of negligence ‘truly shocks the conscience,'” said Tim Savoy, a spokesperson with the district.
“The lawsuit represents the initial step in the legal process. This tragic accident resulted in the loss of lives and significant hardship for the victims. The district remains committed to pursuing all avenues to ensure the victims receive the maximum possible compensation,” says attorney Arthur Schechter of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.
