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Tanker truck driver facing negligence lawsuit for hitting TX schoolbus

Posted on Oct 28, 2010

A lawsuit has been filed against a tanker truck driver and his employer after the driver crashed into the back of a school bus. The driver, Brandon Cain, 27, told police that the accident happened because he fell asleep at the wheel. The incident is still under investigation.

The crash happened on October 13 near State Highway 137 and Country Road 56, just north of Big Lake. The bus was stopped in the northbound lanes of the highway to let school children get off when Cain hit it. The force of the impact sent the bus and Cain’s vehicle into a ditch.

Cain was not injured in the wreck, and was wearing his seatbelt when the crash happened. However, nine people in all were hurt, and injuries included internal injuries and multiple leg fractures. Some children were hospitalized at Shannon Medical Center in Maldonado.

The lawsuit was filed on behalf of the parents of four children hurt in the crash. It names Cain’s employer and owner of his truck, Costal Chemical Co. LLC. The company is accused of breaching its duty to take reasonable care, acting negligently, and being careless in hiring, supervising and training Cain.

The black box recorder from Cain’s truck supported his statement that he fell asleep, as it showed that he did not apply the brakes until after the impact. The lawsuit was filed quickly by the family because they were concerned about evidence in the case being preserved.