AUSTIN (KXAN) — A lawsuit has been filed in Travis County District Court on behalf of the 6-year-old boy who was hit by an 18-wheeler on June 11 as he was getting off a school bus.
The boy’s family is suing the driver of the tractor-trailer and the company who operated it for more than one million dollars in damages. They are also seeking a trial by jury.
Back in June, KXAN reported that the 6-year-old was hospitalized and then released. His family told us he was left with a big tire mark across his chest.
The suit says the bus was “being operated in a lawful manner” on or near Highway 290 near the intersection of FM 696 in Bastrop County.
According to the suit, the bus was operated by Asney Perez Noda, a resident of Austin and operated by Roca Carrier, LLC. a business with its primary location in Austin.
The lawsuit says the boy was injured and may have long-term impairments as a result of this crash. It also states that he’s incurred medical expenses as a result of being hit.
Citing official reports of the incident, the lawsuit states that the school bus was stopped with its lights flashing and its stop sign extended, warning that children were unloading. The suit says the 18-wheeler “blatantly” and “knowingly” ignored these signs and failed to slow down, which is a violation of Texas law. The suit goes on to say that the boy was “suddenly, violently, and without warning” struck by a Red Kenworth tractor-trailer, knocking the boy into a ditch.
The lawsuit claims the driver was negligent and traveling too fast and inattentively. It also claims Roca Carrier, LLC. was negligent in areas of hiring, training, maintenance and more.
KXAN reached out to Roca Carrier, but they declined to comment on this suit.
Sonia Huitron, the boy’s mother, was waiting at the bus stop for her son to arrive and saw the crash happen, the lawsuit said.
In the suit, the boy’s family is also asking for a temporary restraining order and a temporary injunction to prevent any evidence like maintenance records, text messages, photos, or videos from being altered by the parties being sued.
KXAN’s Chelsea Moreno contributed to this report.