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ANOTHER HORRIFIC BUS CRASH ON A TEXAS HIGHWAY

Aug 13 2008
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By Houston Criminal Attorney John Floyd and Mr. Billy Sinclair

Most people automatically assume that when they board a commercial or chartered bus, they will safely reach their destination. Greyhound and Trailways over a four decade period from the 1940s through the 1970s ingrained that assumption in the American psyche. Before the explosion of air travel in this country in the 1980s, bus travel was considered an economically efficient and fairly comfortable way of traveling across a nation that spans four time zones.
But then another facet of traditional American life began to sour. Bus accidents became more frequent, and increasingly more deadly – especially in Texas whose highways are notoriously crowded with F150s and SUVs, all seemingly in a hurry to get somewhere fast. The following is a list of fatal bus crashes in Texas over the past five years as reported by Associated Press (Aug. 8, 2008):

  • February 4, 2003 – A chartered bus carrying a church group crossed a median and collided with an SUV just south of Waco, killing five bus passengers and two SUV passengers and injuring dozens more.
  • May 24, 2004 – A chartered casino bus traveling down Interstate 10 in Southeast Texas returning Texas residents from Louisiana collided with an 18-wheeler, killing one bus passenger and sending numerous others to area hospitals.
  • September 23, 2005 – As Hurricane Rita barreled toward the Texas coast, a bus carrying 44 nursing home residents and staffers was rocked by a series of explosions after one of its wheels caught on fire on Interstate 45 near Dallas, killing 23 residents. The National Transportation Safety Board in 2007 faulted the bus company and a federal vehicle safety agency in the fire.
  • October 25, 2005 – A tour bus crossed Interstate 35 in San Antonio after tire blew out and crashed into two 18-wheelers, killing the bus driver and injuring two bus passengers and the driver of one of the trucks.
  • March 30, 2006 – A bus carrying a Beaumont high school girls’ soccer team to a playoff game in Humble rolled onto its side on Highway 90 near Devers, killing two of the teenage girls.
  • January 2, 2008 – A chartered bus from Mexico on its way to Houston rolled onto its side near Victoria and was struck by a pickup truck, killing one person and injuring dozens of others.

Then on August 8, 2008 the unspeakable happened. A chartered bus carrying a Vietnamese Catholic church group from Houston to a religious festival in Missouri crashed onto its side into a guard railing after an illegal re-treaded tire blew out on a freeway in Sherman, Texas. Seventeen passengers died – fourteen at the scene – and another 40 were injured, many critically. It was a tragedy that should not have happened. The company that owned the bus, Angel Tours, has been cited for a laundry list of safety violations; the driver of the bus has a history of unsafe driving and substance abuse violations; and the bus itself had been declared unsafe to drive outside the state of Texas.

The Houston Chronicle secured and reported on a 22-page file the Texas Department of Public Safety’s Motor Carrier Bureau has on Angel Tours. That file shows that the company’s drivers were notified of at least 65 safety violations that resulted in 13 tickets since 2005. The Chronicle cited the following of what it said was the “most serious violations”:

  • June 12, 2008 – An Angel Tours bus was taken out of service in Brownsville after it crossed the Mexican border on its way to Houston. DPS found ten safety violations, including: shorted wiring in the fuse box; a leak at the fuel pump and gas tank that was clearly visible; un-insulated power cable; a naked wire on the fuse box; an exhaust leak caused by loose clamps; and brakes on two axles were not adjusted.
  • June 3, 2008 – An Angel Tours driver was stopped in Chambers County and ticketed for three violations for having a tire with insufficient tread and a log book lacking information.
  • May 26, 2008 –An Angel Tours driver was stopped in Brownsville and ticketed for four violations, including a tire with a visible air leak, a chafed brake hose, a broken shock absorber, and a seriously cracked windshield.
  • April 18, 2008 – An Angel Tours driver was stopped in Hidalgo County carrying passengers from Houston to Edinburg and ticketed for having an expired inspection certificate.
  • April 18, 2008 – An Angel Tours driver was stopped enroute from Houston to McAllen and ticketed for three violations for having two defective stop lights and an invalid inspection certificate.
  • December 3, 2007 – An Angel Tours driver was stopped in Harris County and ticketed for an invalid commercial driver’s license.
  • August 6, 2007 – An Angel Tours driver was stopped on I-45 in Walker County and ticketed for not having records of driver duty status and cracked windshield.
  • July 7, 2007 – An Angel Tours driver was stopped in Travis County and ticketed for having an expired inspection sticker, a cracked windshield, and not wearing corrective glasses.
  • May 29, 2007 – An Angel Tours driver was stopped in Wharton County and ticketed for failing to carry a reflective triangle and flares.
  • May 29, 2007 – An Angel Tours driver was stopped in Walker County and ticketed for having a cracked windshield and un-mounted license plate.
  • May 19, 2007 – An Angel Tours driver was stopped in Guadalupe County and ticketed for driving without a safety belt during a trip from San Antonio to Houston.
  • June 13, 2006 – An Angel Tours driver transporting a Boy Scout troop from Houston to Cimmarron was stopped in Childress County and ticketed for eight violations including disregarding a traffic signal, having an expired license plate, incomplete driver’s log, and operating an unregistered bus.
  • February 10, 2006 – An Angel Tours driver was stopped in Harris County and had his bus taken out of service because of 12 violations including 10 defective brake and side marker lights, an unsecured fire extinguisher, and the driver not having a medical certificate.
  • November 27, 2005 – An Angel Tours driver was stopped in Walker County and ticketed for four violations for having an empty fire extinguisher, an incomplete driver’s log, and expire inspection certificate.
  • July 4, 2005 – An Angel Tours driver was stopped in Walker County enroute from Houston to Dallas and ticketed for four undisclosed violations.
  • June 4, 2005 – An Angel Tours diver was stopped in Childress County driving a leased bus carrying 23 Houston church members and ticketed for defective plate light and incomplete driver’s log.

The driver of the bus involved in the Sherman crash has his own safety issues. 52-year-old Barrett Wayne Broussard, who remains hospitalized in critical condition, was convicted in 2001 for driving while intoxicated, ticketed in 2004 for speeding, and ticketed twice last year for speeding and again for having an incomplete driver’s log. The bus he was driving at the time with the incomplete log had to be taken out of service. It marked the second time last year that a bus he was driving had to be taken out of service.

The calls for industry reforms and criminal sanctions came swiftly following the Sherman crash.

“Until criminal sanctions are used as an enforcement tool, we’re going to be plagued with this problem,” Dallas attorney Mark Webner was quoted by the Chronicle. “When you have certain operators just flagrantly gaming the system, circumventing safety rules, operating without any legal authority, criminal actions need to be taken.”

Webner won a $36 million judgment for the family of one of four teenagers killed on a chartered bus after a sleep-deprived driver fell asleep at the wheel. Webner and Department of Public Safety tried to get the local prosecutor to take criminal action against the carrier after they produced evidence showing the company had altered documents in order to operate illegally. The prosecutor declined to file charges.

Houston bus accident attorney Rob Ammons agrees with Webner, telling the Chronicle that bus operators and drivers are given too much leniency. But a Grayson County prosecutor has already signaled that bringing criminal charges in the Sherman case may prove difficult.

The only serious criminal charge that could be brought against either the owner of Angel Tours or the bus driver, in state court, would likely be criminal negligent homicide under Article 19.05 of the Texas Penal Code which provides that “a person commits an offense if he causes the death of individual by criminal negligence.” Article 6.03(d) of the Texas Penal Code defines criminal negligence as: “A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint”

Under § 6.03(d) and § 19.05, the State would have to prove (1) that the Angel Tours owner or the bus driver should have been aware that their respective actions posed a substantial and unjustifiable risk; and (2) that their failure to perceive these risks constituted a gross deviation from the standard of care an ordinary person would have exercised under similar circumstances from their standpoint. See, Stadt v. State, 120 S.W.3d 428, 433 (Tex.App.-Houston [14th Dist.] 2003, no pet.).

The key to criminal negligence, therefore, is the failure to perceive a risk. See, Lewis v. State, 529 S.W.2d 550, 553 (Tex.Crim.App. 1975)(“The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”)

In Transportation Ins. Co. v. Moriel, 879 S.W.2d 10 (Tex.Crim.App. 1994) the court of criminal appeals said that “ …. nobody is subject to criminal punishment if they are aware of a relatively minor risk or simply negligent.” Id., at 20. As the Supreme Court said in Bank Royalty Company v. Walls, 616 S.W.2d 911 (Tex. 1981) said: “What lifts ordinary negligence into gross negligence is the mental attitude of the defendant.” Id., at 20.

Likewise, what lifts ordinary negligence into criminal negligence is state of mind, an essential element of criminally negligent homicide that may be inferred from the circumstances. The court in Stadt v. State, supra, said that “proof of culpable mental state generally relies upon circumstantial evidence … Ordinarily, it must be inferred from the acts, words, and conduct of the accused and the surrounding circumstances … The issue of whether recklessness or criminal negligence is shown—that is, whether one is aware of the risk or simply fails to perceive it—is a conclusion to be drawn through inference from all the circumstances by the trier of fact.” Id., at 438. For example, driving a car at an excessive speed in a residential neighborhood at a time when children are on their way to school would properly constitute a failure to perceive risk. See, Thompson v. State, 676 S.W.2d 173, 176-77 (Tex.App.-Houston [14th Dist.] 1984, no pet.).

There could be a case for criminally negligent homicide in the Sherman case if the Angel Tours owner knew the re-treaded tire was defective and/or should not have been on the bus as a matter of law. And, of course, if the multiple federal and state investigations disclose that the bus driver was either speeding or intoxicated at the time of the accident, he could face a criminally negligent homicide charge.

In addition to state charges, federal criminal charges could also be file under a number of legal theories.

Whatever state and federal authorities do relative to criminal charges, civil damage lawsuits will be filed in this case.  While civil damages may alleviate some of the staggering economic losses that these families will suffer, they will never heal the deep pain caused by this senseless, miserly act.

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    Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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  • Avatar Kristen Rankin ★★★★★
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★
  • Avatar Anton Jasser ★★★★★
  • Avatar Alma Garza ★★★★★
  • Avatar Victory 2020 ★★★★★
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★
  • Avatar Karetta Lux ★★★★★
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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