A concrete truck driver involved in the fatal school bus crash that left two people dead was arrested in Bastrop County, Texas on March 29, 2024. The driver was allegedly high on cocaine and marijuana, and had only 3 hours of sleep. Court documents said he admitted to smoking marijuana and consuming cocaine within 24 hours of the March 22, 2024 crash.

The crash occurred on State Highway 21 near Caldwell Road.  The Texas Department of Public Safety said its crash reconstruction team was investigating the incident. Austin-Travis County EMS said it evaluated for injuries 53 people involved in the incident, including 44 children under the age of 12.

Truck driver Jerry Hernandez, 42, was arrested on a warrant for criminally negligent homicide, according to the Texas Department of Public Safety. Additionally, he was also arrested on an unrelated warrant for a bond violation out of Hays County, according to DPS. Both warrants were served at a home in Bastrop County, and Hernandez was taken into custody without incident, according to Texas officials.

Two people died in the crash — 5-year-old Ulises Rodriguez Montoya, who was on the school bus and 33-year-old Ryan Wallace, who was traveling in a car behind the bus.

According to the arrest records, Hernandez told investigators he smoked marijuana around 10 p.m. the night before the crash, as well as admitted to consuming cocaine around 1 a.m. the morning of the crash.

On March 22, the school bus carrying 44 Tom Green Elementary pre-K students and 11 adults was returning from a field trip to the Texas Zoo when the concrete truck veered into the bus’ lane, hitting the front of the vehicle and causing it to roll over.

Hernandez told DPS there was a white SUV driving “approximately 2 car-lengths ahead of him that braked suddenly.” He said he swerved left into the center line to “avoid the SUV,” court documents said.

According to the federal Drug and Alcohol Clearinghouse database, Hernandez had a refusal for a reasonable suspicion test on Sept. 2, 2020, which would have warranted he be referred to a Substance Abuse Professional (SAP) for evaluation. This means he should have been removed from performing safety-sensitive functions by the company he was driving for at this point in time, according to court records.

In the aftermath of a commercial truck accident, victims and their families often face daunting challenges, especially in cases involving catastrophic injuries or fatalities. In this situation, the truck driver and the truck driver’s company face liability for their alleged negligence.

Given the complexities involved in these cases, seeking the assistance of an experienced personal injury attorney who handles commercial truck accidents is advisable. These attorneys can provide invaluable guidance and support, helping victims navigate the legal process and pursue the compensation they deserve for their injuries and losses.

The Legal Team at Scherr Law is Here to Help Commercial Truck Accident Victims

In the unfortunate event of being injured in a collision with a FedEx truck or commercial tractor-trailer, you may consider seeking fair compensation. Jim Scherr’s legal representation has successfully recovered more than $370 million in a judgment against FedEx and has recovered compensation for many clients who have suffered losses due to unsafe commercial trucks. Scherr Law has emerged as a leading advocate in the effort to hold FedEx responsible for its practices that have led to instances of severe injuries and tragic fatalities. If you or a loved one is involved in a tragic, catastrophic, or wrongful death accident involving a  tractor-trailer or a FedEx vehicle, contact the attorneys at James Scherr Law for a complimentary consultation at 1.855.SUE.FEDX. 

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