SAN ANTONIO -- Flanked by her team of attorneys led by Tim Maloney at her side in the first of what could be many lawsuits, Deborah Chavez emotionally described what happened before the Americanos bus she was riding careened out of control Tuesday on Internet 37, flipping over in the median.
Two died and about 40 others on board were injured.
"I just remember a lot of shaking and shuddering, then it stopped," she said, as she broke down in tears.
Maloney said it is a tell-tale sign supporting the preliminary findings by the Texas Department of Public Safety that the driveshaft had broken off.
"How the hell did the driveshaft fall out?" asked Maloney, who said he successfully sued on behalf of six plaintiffs who burned to death in a very similar crash a few years ago.
He said the bus company mechanics who conducted routine maintenance the day before the Americanos crash, should have picked up the problem.
"When you can literally turn a driveshaft with your hand, you got a U-joint problem," he said.
Maloney said he hopes that problem wasn't ignored and hopes to confirm with other passengers his client’s description of the bus shaking and shuddering.
He said the lawsuit was filed quickly now that those on board have fresh, but terrifying memories of what happened. Maloney also said the lawsuit should help preserve evidence and documents. He also plans to talk to bus company employees and the mechanics who worked on the bus.
Maloney said they also want to know if it was a bad part, where it came from and whether manufacturer liability will be an issue.
His client said she suffered a blow to her head that knocked her unconscious for a time as she and those on board were tossed around the bus and on top of each other when it came to rest on its side.
"The people were screaming, crying," Chavez said, herself still fighting back tears.
Instead of going to visit her parents for spring break, as she had planned that day, Chavez is undergoing neurological and orthopedic testing and treatment.
"I have big bruises on my back and my spine hurts," she said.
Until there is a prognosis about those injuries and her knee, co-counsel James Shaw said the lawsuit for now seeks unspecified damages. Also, if it is shown the bus driver made a "heroic effort" to avoid the crash, Maloney said it's possible they will drop her from the lawsuit. It also names Americanos and its parent companies, Greyhound and Firstgroup America, as defendants.
A spokesperson would not comment on the lawsuit but did say the company is cooperating with the investigation.
DPS is expected to issue its final report on the cause of the crash in the next two weeks.
Although Chavez said she never had any problem riding buses before, she said she "will never ride a bus again."
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