Justice is for the Swift
[Guest post by DRJ]
Yesterday, a bus traveling its regular route from Monterrey, Mexico to Houston, Texas, overturned outside Victoria, Texas, killing one and injuring 50. The cause of the accident is still under investigation:
“The bus was traveling from Monterrey to Houston when it toppled onto its side on U.S. 59 about 4:15 a.m. Wednesday. Department of Public Safety officials said the driver apparently overcorrected after the bus veered off the road. A small pickup truck rammed the bus after it overturned, but the driver of the truck was uninjured.
Tom Vinger, a DPS spokesman, said the crash investigation continued and that a report on the accident would be released within 10 days. Vinger said Wednesday that driver fatigue was one of the factors in the investigation, including how long the driver was behind the wheel and whether state or federal restrictions on driving hours were violated. The bus company identified the driver as 42-year-old Roberto Cruz. He wasn’t seriously injured, and Vinger said Thursday he had not been charged with anything.”
Twenty people remain hospitalized in Victoria, San Antonio and Houston. Among the injured was Houston resident Bernarda Pena, whose right arm had to be amputated as a result of the accident. She’s currently listed in fair condition in a Victoria hospital.
Today, Pena sued the bus company in Harris County:
“A woman whose right arm had to be amputated after the deadly crash of a bus traveling from Mexico to Houston sued the bus company and a charter service Thursday. Bernarda Pena’s lawsuit came one day after a bus carrying nearly 50 people overturned on a highway near Victoria, killing one. Pena, 51, was among 20 passengers still hospitalized Thursday.
The lawsuit, filed in Harris County, alleges negligence on the part of Houston-based owner Capricorn Bus Lines Inc. and International Charter Services, which was operating the bus. The suit seeks unspecified compensation for Pena’s injuries, coverage of her medical costs and damages for mental anguish, physical disfigurement and impairment, according to her attorney, Terry Bryant.
Pena, a fast-food worker who lives in Houston, was visiting her husband in Monterrey, Mexico, Bryant said.”
I feel very sorry for Ms. Pena, who clearly suffered serious injuries. I don’t know anything about this case other than what I’ve read in the papers and maybe there is a good reason to file this lawsuit quickly. However, to file a lawsuit after just one day while the plaintiff is still hospitalized suggests we’ve become an over-lawyered and overly-litigious society.
— DRJ
I dunno… Maybe not the very next day, but the day after that, most definately.
Scott Jacobs (a1de9d) — 1/3/2008 @ 7:08 pmThat’s what I like about you, Scott. You’re always fair.
DRJ (29b04b) — 1/3/2008 @ 7:34 pmThis crapweasel is straightforward about his crapweasel-ness. I like that.
JD (90efaf) — 1/3/2008 @ 8:01 pmGee, yah think? What was your first clue?
Another Drew (8018ee) — 1/3/2008 @ 9:10 pmCan you say ambulance chaser?
I knew you could.
gahrie (5ae14f) — 1/3/2008 @ 10:05 pmJD,
When multiple plaintiffs “demand the limits”, does it matter who filed first?
nk (5221ab) — 1/3/2008 @ 11:24 pm“However, to file a lawsuit after just one day while the plaintiff is still hospitalized suggests we’ve become an over-lawyered and overly-litigious society.”
Ya think?
Oh GAWD I’m way in the back of the pack with that one! “BARTENDER”!!! 🙂
The really coming when the BAR is going to be held responsible. No matter how many judges they have as members!
The best that could happen is that judges are not a club member. there fore they would have to uses common and uncommon sense instead of presedance, which would begin to bring back the justice system.
Judge Roy Bean Rules! Well he should.
TC (1cf350) — 1/4/2008 @ 4:16 amnk – Nope. Not a bit.
JD (8fd56a) — 1/4/2008 @ 5:02 am“However, to file a lawsuit after just one day while the plaintiff is still hospitalized suggests we’ve become an over-lawyered and overly-litigious society.”
If we’re overlawyered, how come lawyers make so much money?
whitd (a49111) — 1/4/2008 @ 5:14 amTack on that a scumbag, ambulance chasing trial lawyer came in second in the Iowa caucus. That’s just what the country needs… a President that is the epitome of what’s wrong with it!
Justin (652530) — 1/4/2008 @ 5:58 amJustin,
The shyster was pandering to the Union goons who are dwindling in numbers due to manufacturing and meat packing moving out of Iowa.
PCD (5c49b0) — 1/4/2008 @ 7:20 amI am Terry Bryant, the attorney for Ms. Pena and, yes, it is vitally important to file lawsuits such as hers immediately. In negligence cases such as this one, it is imperative that evidence be preserved. Too many times, those who injure others through their negligence move quickly to hide or destroy evidence of that negligence. By filing a lawsuit quickly, we can ensure that evidence is maintained. Filing a lawsuit the day after a terrible incident like this is standard procedure and happens in many cases. If this was your family member would you not want the evidence preserved? Would you not want someone looking out for their rights?
Terry Bryant (698eb8) — 1/4/2008 @ 8:34 amMr. Bryant,
I don’t do plaintiff personal injury and did very little defense in the beginning of my career, but as someone who has gone to the police station very late at night, prepared to go to court for a writ of habeas corpus if the police did not allow me access to my client, I understand your point of view. You don’t have to explain not neglecting
nk (5221ab) — 1/4/2008 @ 11:08 ama matter entrusted to you byyour client to me.Justin…
I’d have either used the lawyer my father has on retainer, or the former local DUI prosecutor of a local country who’s JUST gone into private practice…
Not much ambulance chasing THERE… Though in this case, I suspect that there might have been a wee bit of drafting behind that meatwagon, yeah…
Scott Jacobs (425810) — 1/4/2008 @ 1:48 pmAnd DRJ… thank you dear.
Hey, I’d have just lost an arm, and dealing with a load of anger. If you don’t think I’d find a way to get “Get me my Effing lawyer, I’m going to Effing sue them until they are Effing blind”, yer nuts. 🙂
Scott Jacobs (425810) — 1/4/2008 @ 1:49 pmI wonder if the good Attorney Bryant passes out his cards to those waiting in check-in lines at the airport (or does he work the drop-off line at the curb)?
Another Drew (8018ee) — 1/5/2008 @ 11:50 amNever know when one of those bags might be lost, or worse.
I think he’s a billboard kind of guy.
A few years ago after a brief visit to a Houston emergency room I received a communication from a law firm claiming to represent the hospital in collection matters. The bill wasn’t even due yet as it hadn’t been processed by my insurance carrier and I was quite offended. Upon closer reading I realized that the bulk of the letter was really a solicitation to represent me should I decide to sue someone for the injury I had incurred. Seemed like a pretty blatant and sleezy violations of the canons to me and the lawyers to whom I showed the letter.
daleyrocks (906622) — 1/5/2008 @ 1:06 pmTerry Bryant,
I hope Ms. Pena is doing as well as possible given her injuries and I’m glad she has a zealous attorney to help her. However, I’m curious what evidence your lawsuit will preserve that won’t otherwise be preserved by the investigations mentioned in the initial newspaper reports by the local Sheriff, the Texas DPS, and the National Transportation Safety Board.
DRJ (5942f5) — 1/7/2008 @ 8:42 amI would suspect he’s talking about evidence such as the literal nuts and bolts of the bus…
If there isn’t a criminal investigation, there would be little to no reason for the police to keep such things.
And we miss you already DRJ… 🙂
Scott Jacobs (425810) — 1/7/2008 @ 8:53 amThe bus company is full of it! they claim is the first accident when they already wreck twice in Mexico and some people die. Nobody knew anything here in U.S. they kept it quiet, probably thats why they still open. I have use those buses in the past and the service is not the greatest!!
LOLA (8a1398) — 1/9/2008 @ 8:08 amAnother thing all the passangers said that they have to wake up the driver several times, at first the driver addmitted it, after thinking what he said, he change his mind.
If it would be me or one of us the one who lost the arm i bet we would be sueing. imagine you have a nice life, buy a nice car, a house… and suddenly you lost your arm and cant work, pay for your things, your way of life or cant even drive or get dress!!!!!
Thats messed up!
The bus company had a wreck in Laredo about 5 years ago, they almost turn over the bus,the bus driver didnt wanted to call the sherif a passanger did call.After some time the bus company change they name…I wonder why??
Mandy (8a1398) — 1/9/2008 @ 8:14 amAlso when those buses were starting , they used to be stop all the time in the border of Mexico for smuggling drugs from Mexico to U.S. and from U.S. to Mexico and then they would have to transfer their passangers to anothet bus.
Those buses are well known to have mechanical problems too often.
The attorney of Ms Pena has a daughter who lost an arm in a bus wreck, thats why he is working as hard as he can!
Mandy (8a1398) — 1/9/2008 @ 8:17 am