BASTROP COUNTY, Texas — A pre-K teacher injured in a school bus crash in Bastrop County is now suing the owner of a concrete pumper truck company, along with the driver.
The crash happened in March when concrete pumper truck driver Jerry Hernandez veered into a school bus filled with Hays CISD pre-K students who were returning from a field trip at the Bastrop Zoo.
The incident killed 5-year-old Ulises Rodriguez Montoya and 33-year-old Ryan Wallace, the latter of whom was driving a vehicle behind the school bus, and injured multiple others.
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Now, one of the teachers on the bus, Deborah Serna, is suing Hernandez, along with Francisco Martinez Jr., the owner of FJM Concrete, LLC.
Serna was among those injured on the day of the crash, when 42-year-old Hernandez – who allegedly admitted to using cocaine the morning of the crash – caused the fatal incident. Hernandez also allegedly admitted he only slept three hours the night before.
According to a petition filed by Serna's lawyer, she suffered at least four broken bones in her back because of the crash and is now left to pay for medical expenses.
"Yet true to her character, Serna wanted to make sure her students were safe and helped students off the bus before medics examined her injuries," the lawsuit stated.
Serna will have to undergo rehabilitation before reentering the Hays CISD system. She is seeking more than $1 million in damages as a result of her physical and mental suffering.
Statement from Hays CISD
On Friday, Hays CISD released a statement showing support for Serna and the victims of the crash:
"Hays CISD is aware of the lawsuit filed against F.J.M. Concrete and its pumper-truck driver. The school district and the entire community stands with the victims in the bus crash. The district further concurs with the sentiment captured in the lawsuit’s description that this crash has wreaked, “havoc and destruction on the best and most innocent in our world,” and that the allegations of the level of negligence that are presented against the defendants in the suit,” truly shocks the conscience.”
This will be the first of many actions to come. This crash is a life-taking and life-changing catastrophe; and, it is the district’s fervent hope that all of the victims can be made as whole as possible through both the criminal and civil processes that are unfolding."
School bus crash updates continue
Since the crash first happened, Hernandez has been arrested and charged with criminally negligent homicide.
He also previously tested positive for drugs in 2020, 2022 and 2023, according to an affidavit obtained by KVUE.
It has also been uncovered that Martinez Jr. did not perform a background check or verify commercial driver's license validation before hiring Hernandez.
Additionally, the National Transportation Safety Board (NTSB) launched an official investigation Monday to learn more about the deadly crash.
As of April 5, Hernandez remains booked in jail on a $500,000 bond for the criminally negligent homicide charge. He is not currently facing any additional charges.