Trucker Faces 20 Counts Of Negligent Injury And One Count Of Negligent Homicide For Rear-Ending School Bus
Austin, TX (Law Firm Newswire) October 7, 2013 – Not all injury lawsuits get to court and get heard without complications.
“This case breaks down into two different trials ---- a civil, personal injury trial and a criminal trial for the charge of negligent homicide. Nonetheless, the two actions do overlap when it comes to evidence and how it is presented in court,” said Bobby Lee, of Lee, Gober & Reyna, Austin, Texas.
One early morning in December 2010, a school bus was stopped by the side of the highway with its lights flashing and stop arm extended. The stretch of highway was straight and level, with no construction in sight, when a trucker slammed into the rear of the bus with such force, that it crumpled the frame right to the back wheels. One injured child had to be cut out of the wreck. Twenty-one kids, ranging in age from 5-years-old to 17 were hurt. Three critically and one 5-year-old died as a result of her injuries.
The bus driver saw the truck coming and did what he could to save lives by telling the kids to get down, brace themselves and hold on tight. He then struggled to keep the bus under control once it had been hit.
The negligent homicide prosecution team was handed a set back when a court of appeal ruled they could not use the medical information of all the students hurt in the 2010 crash. The court stated the records would not be relevant to the homicide case in specific. “However, the District Attorney’s Office would likely use those records if they chose to press on with the 20 negligent injury misdemeanor charges,” added Lee. More specifically, the rest of the records would be prejudicial to the defendant.
“When trying cases such as this one, anything and everything has the potential to go in a direction you do not expect,” indicated Lee, “and for this reason, we try to cover every possible outcome with a plaintiff. Even though a defendant is viewed as being culpable and perhaps even admitted responsibility, they are entitled to a full-fledged and well-thought out defense.”
Would the office of the District Attorney appeal the ruling? That would depend on whether or not there is anything they perceive to be open for an appeal. “Would this type of ruling make a difference to the outcome of the case? It may,” said Lee, “but that largely depends on the type of evidence presented by the plaintiff, his attitude and demeanor, whether he had any prior record of speeding or a history of accidents on the job, what specifically caused this accident, such as texting, distracted driving or DUI, and how cooperative he was during the process.”
It is rare that a personal injury case is open and shut, and not disputed for some reason or another. Since cases involve humans under enormous stress, memory recall is often poor, eyewitness reports may not be accurate, emotions run high and guilt and the evasion of truth are often the order of the day. “As an injury lawyer with many years practice behind me,” indicated Lee, “it never gets any easier to see cases like this. Plaintiffs are devastated and trying to hold it together and hoping justice will out. That is my job. Our office does not back down in any case.”
Lee, Gober & Reyna
11940 Jollyville Road #220-S
Austin, Texas 78759
- Man on the run for seven years finally apprehended
Vincente Gonzalez, a man on the run for seven years was hiding from intoxication manslaughter charges relating to a June 2009 accident that killed three. Gonzalez was finally apprehended by U.S. Marshals Joint East Texas Fugitive Task Force. The accident killing three — a 48-year-old male from Alto, a 29 year-old female from Lufkin and a four-year-old boy — happened in 2009. Gonzalez, the drunk driver, was taken to hospital for his injuries, a brain bleed and broken leg. He was not considered to be a flight risk and was not arrested. Gonzalez subsequently disappeared from the hospital and remained […]
- Police Chief gets rear-ended by distracted driver
A Police Chief, Michael Galvan, was rear-ended by a driver who was texting at the time of the accident. The crash happened in San Benito, Texas. The Chief was subsequently faced with $6,000 in repairs and had to deal with injuries to his lower back, wrist and shoulder. Partly in response to this particular incident and the very prevalent unsafe use of mobile devices while driving, San Benito city commissioners gave their approval to an ordinance banning texting while driving. The new ordinance does have a 90-day grace period to allow local residents to get used to the law. However, […]
- Texas the state with the worst drivers in the United States
According to the CarInsuranceComparison.com company, Texas — together with Louisiana — now ranks as the state with the nation’s worst drivers. CarInsuranceComparison.com, has been collecting driving information statistics for the past five years. This year is the first time for Texas to reach the No.1 place on the list. The yearly report is put together with information gathered by the National Highway Traffic Safety Administration (NHTSA). CarInsuranceComparison.com collects the material and compiles a score for each state based on the number of road deaths, DWI/DUI citations, careless driving, speeding and failures to obey traffic laws. Using those five categories, Texas […]
- Pickup driver runs red light, killing motorcyclist
A recent motorcycle accident in Austin saw a truck running a red light collide with a motorcyclist. The accident happened in the early afternoon, near Pecan Park Boulevard. The biker was 34-years-old and died at the scene. His passenger, a 20-year-old woman was taken to hospital with life threatening injuries. According to eyewitness testimony and the initial investigation into the accident by the police, the Chevrolet truck was headed east on the Boulevard and ran the red light on the 183 service road. The motorcyclist collided with the passenger’s side of the truck. None of the individuals involved in this […]
- Amarillo cracks down on texting while driving
Texas is one of only four states without a ban on texting while driving. Instead the individual counties and towns attempt to ban distracted driving by introducing their own legislation. Over the last few years, there have been numerous attempts to bring in legislation addressing one of the biggest problems nationwide — texting while driving. In 2015 there were 5,364 accidents in Texas caused by distracted driving. Of those 5,364 accidents, 70 were fatal. Making any kind of law to ban or restrict texting while driving has been met with opposition at the state level. The proposed Senate Bill 31, […]