Cement truck driver in deadly Hays CISD school bus crash still facing civil lawsuits

BASTROP COUNTY, Texas - Jerry Hernandez, the concrete truck driver involved in a crash with a Hays CISD school bus, was sentenced to 18 years in prison for two counts of manslaughter on Thursday. 

He still faces multiple civil lawsuits from those affected by the crash.

What we know:

In March 2024, a Hays CISD bus was coming back from a field trip on SH 21. Forty-four students and 11 adults were on board. 

Hernandez crossed the center line into oncoming traffic, causing the bus to roll over, killing five-year-old Ulises Montoya. Hernandez also hit a car behind the bus, killing 33-year-old Ryan Wallace. 

PREVIOUS COVERAGE

• Texas school bus crash: Mother of child injured speaks out
• Texas school bus crash: Cement truck driver reaches plea deal
• Texas school bus crash: Hays CISD releases dash cam video

Court documents show Hernandez admitted to using marijuana the night before the crash, using cocaine the morning of, and only slept three hours. His employer, FJM Concrete, is accused of not checking his background before they hired him.

Ten people gave victim impact statements on Thursday, many describing severe PTSD and lasting injuries. 

Multiple civil lawsuits filed by affected families

Dig deeper:

With dozens of families affected, court records show nine lawsuits against Hernandez and FJM Concrete, which have been consolidated into one. 

FOX 7 Austin spoke to two of the attorneys: Sean Breen, who represents Deborah Serna, an injured teacher, and Jason Feltoon, who represents the families of multiple injured children. 

They say Hernandez doesn't have any assets and FJM Concrete has already paid out their insurance. 

"The insurance money went very quickly to the two families who lost loved ones, which left then nothing for all the people that are injured and still struggling day to day with their injuries and with their damages," Breen said.

PREVIOUS COVERAGE

• Texas school bus crash: Injured Hays CISD teacher sues company that employed truck driver
• Texas school bus crash: Truck driver was not allowed to drive at time of crash
• Hays CISD approves new bus safety plan after deadly crash

Feltoon says they're looking at other possible defendants. 

"Unfortunately, Jerry Hernandez is going to be able to offer slim or no compensation to the bulk of these victims, so we'll be looking at other people who could have, who are liable in some capacity and could have at some stage prevented this tragedy, this senseless tragedy from ever occurring. Quite frankly, Hays Independent School District is on that list," he said.

Breen says there should be changes to how much insurance a business carries.

"In the State of Texas, we don't have requirements, just requirements for a company like this to have enough insurance. That's a problem. The legislature should fix that," he said. 

Hernandez's attorney told FOX 7 Austin on Thursday he has no comment. FOX 7 Austin also called the owner of FJM Concrete, who immediately hung up when we identified ourselves.

Hays CISD said in a statement:

"Hays CISD, as a victim in the horrible bus crash that caused so much pain and trauma to individuals and the school district family at-large, has to-date not been sued. The crash was caused by a truck driver who has pled guilty to causing the accident and now faces years in prison. Should the district be sued, it would respond to the specific assertions made in any filing at the appropriate time and in the appropriate venue."