Mother Files $1 MILLION Lawsuit After Seeing Semi Hit Her Son At Bus Stop
Bastrop County, Texas – The mother of a 5-year-old boy who was struck by a tractor-trailer getting off of a school bus along U.S. 290 East in June has filed a lawsuit against the driver and the company she says is responsible.
Sonia Huitron, the boy’s mother, filed the suit on July 3 against the truck driver, Asnay Perez Noda, and the trucking company, Roka Carrier LLC.
Transportation Nation Network (TNN) first reported this accident on June 12, 2019.
The incident occurred on June 11 at approximately 4:14 p.m.
According to Texas Department of Public Safety (TxDPS) officials a flatbed semi-truck, driven by Noda, failed to slow in time to avoid striking a young boy after he had just exited a school bus stopped near the 290/Old McDade Road intersection.
According to investigators, a camera on the bus captured the moments leading up to the accident.
The school bus was stopped in the westbound lane with its red flashing lights and stop sign activated.
The bus driver waited for traffic to stop before opening the doors of the bus.
Authorities said the video reveals the bus driver holding the boy back and checking mirrors to make sure it was safe to exit.
The semi-truck swerved into the roadside ditch and was able to avoid striking the bus, but could not avoid the child.
The boy’s female cousin was also exiting the bus, but was not struck.
Witnesses described heart-wrenching moments as Huitron, who was waiting at the bus stop for her son, witnessed the scene and immediately ran to him.
According to witnesses, she held him while waiting for emergency responders to arrive.
The boy was airlifted to Dell Children’s Hospital.
According to the lawsuit the boy suffered serious, but non-life threatening injuries.
“We’re very fortunate,” Texas DPS Sergeant Dan Baker said at the time.
According to TxDPS, Noda reportedly told police he did not have time to fully slow down once he realized the bus was stopped.
Noda was charged with failing to stop or remain stopped for a school bus, a class C misdemeanor punishable by up to a $500 fine.
What The $1 Million Suit Alleges
The suit alleges that Noda made no effort to control the 18-wheeler in the moments before the crash.
The complaint alleges Noda did not engage his brakes quickly enough or use his horn to warn people in the area.
Further, Huitron claims Noda took “faulty evasive action while the school bus was unloading children.”
The suit also accuses Roka Carrier of having negligent hiring, training, maintenance and contracting practices.
Additionally, Huitron says she suffered “mental and emotional pain, torment, suffering and despair” from seeing her son get hit.
Huitron is seeking $1 million in damages.
TNN will continue to follow developments in this case.
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