On March 22, 2024, a school bus carrying a group of Pre-K students traversed the scenic roads of Bastrop following an educational excursion to the local zoo.
Sadly, things take a serious nosedive into tragedy when their school bus collides with a concrete truck in one horrific head-on smash-up. This catastrophe sadly took some innocent lives and left others grappling with deep scars.
Caught up in this gut-wrenching scenario was one heroic teacher’s aide who stood up amidst the chaos. She is now spearheading a legal battle against both the driver whose truck turned their day upside down and his higher-ups at F.J.M. Concrete.
Chaos Unfolds on a Joyful Journey Home
Here is how it all went down: The kids from Tom Green Elementary were riding back home along SH 21 after a cool day out. However, in a snap, things flipped literally and figuratively.
While driving his F.J.M. Concrete truck, Jerry Hernandez swerves unexpectedly right into their path. The school bus did not stand a fighting chance against such a heavy hitter; it got slammed hard and heaved over on its side.
Lives Changed Forever
A day that should have ended with bedtime stories about zoo adventures shifted to a news story no one wished to hear. Among the joyful kids was five-year-old Ulises Rodriguez Montoy, who did not make it home that day.
33-year-old Ryan Wallace, who had been following behind the ill-fated school bus in his own vehicle, also lost his life in the crash’s aftermath.
Deborah Serna, the teacher’s aide, suffered multiple severe injuries, including back fractures. Her current focus is exclusively on recuperation and medical treatments, a significant departure from her previous role centered on education and child development.
Driver’s Recklessness and Arrest
Jerry Hernandez, the truck driver, was arrested and slapped with charges of criminally negligent homicide. Turns out, he admitted to smoking marijuana the night before and using cocaine just hours before that disastrous drive.
“Driving under such influence is not just irresponsible. It is downright dangerous, and Hernandez might be staring down some pretty severe consequences under Texas law,” says Texas personal injury lawyer Felix Gonzalez of the Felix Gonzalez Accident & Injury Law Firm.
Seeking Justice
Moving forward, Deborah Serna has filed a personal injury lawsuit against both Jerry Hernandez and his employer, F.J.M. Concrete. She is asking for upwards of $1 million, citing staggering medical bills and lost wages.
Under Texas statutes, Hernandez is directly on the hook for his impaired actions behind the wheel. F.J.M. Concrete is also facing scrutiny for their sketchy hiring practices; knowing well about Hernandez’s substance misuse issues yet still letting him drive poses a huge red flag on their end.
Legal Repercussions and the Call for Safer Roads
The personal injury lawsuit initiated by Deborah Serna is likely just the beginning, with expectations of more legal actions surfacing from this horrific event. Defendants Jerry Hernandez and F.J.M. Concrete are facing not only a strenuous court struggle but also potential deep cuts to their finances and reputation.
Beyond the courtroom, this case could be a catalyst for tighter regulations within the trucking sector, particularly focusing on more stringent driver screening and monitoring practices—a hopeful stride towards enhancing roadway safety for everyone.
