Trucker With Prohibited Status on License Kills Two in School Bus Crash 

In a devastating sideswipe crash between a school bus and a big rig, two families filed wrongful death lawsuits against the trucker, his company, and its owner. Those killed were a 33-year-old man and a 5-year-old prekindergarten child. There are at least five other lawsuits filed in connection with this crash.

The fatal crash is being investigated by the Texas Department of Transportation (TxDOT) and the National Transportation Safety Board (NTSB). A probe into the crash was also carried out by the Texas Department of Public Safety. (TDPS).

The parents of the 33-year-old and the 5-year-old each filed separate wrongful death lawsuits seeking damages of more than $1 million. It is alleged the trucker and the company owner are liable for both deaths. 

According to information filed in the lawsuits, the truck driver had a history of drug use and had tested positive for marijuana and cocaine on at least two occasions, and it is alleged that the trucking company owner was negligent in hiring the driver. The trucker’s commercial driver’s license prohibited him from driving interstate commerce.

The 33-year-old man was behind the wheel of his vehicle and was behind the school bus carrying 44 pre-K students and 11 adults. The trucker was approaching from the opposite direction and veered into the oncoming lane, striking the school bus and the car behind it. In addition to the two fatalities, many of the other riders on the bus were injured.

According to the Texas Highway Patrol, the trucker was solely at fault for causing the fatal crash and faces a charge of criminally negligent homicide.

“Wrongful death lawsuits are difficult for all those involved,” said Austin wrongful death attorney Brooks Schuelke, not involved in this case. “They are a traumatic loss of a loved one, suddenly and unexpectedly. These cases are complicated, especially when adding in the complications of trucking cases.”

In the Lone Star State, the wrongful death statute is specific about damages that may be recovered in a wrongful death or survival claim.

A surviving spouse may recover the following damages:

1. Monetary Loss — The loss of a spouse’s advice, care, maintenance, support, and services the surviving spouse would have received from the deceased had they lived.
2. Loss of Companionship — The loss of benefits flowing from the love, comfort, and companionship the spouse would have received had the spouse lived.
3. Mental Torment — The emotional pain, anguish, and suffering experienced by the spouse due to the spouse’s death.
4. Loss of Inheritance — The money the deceased spouse would have contributed to the estate if they had died naturally.

“The listed losses that may be claimed in the aftermath of an accident caused by someone’s negligence are significant. If you have lost a loved one, please reach out and contact me. I am here to help you every step of the way,” Schuelke added.