SCHOOL BUS CRASH REPORTS 2007

Parents Sue Driver of Bus That Killed Girl
Fresno County Also Named in Death of Sanger 2-Year-Old.
April 3, 2007

The parents of a 2-year-old Sanger girl who died after she was run over by a school bus are suing the driver -- and raising questions about whether school bus drivers follow safety laws meant to protect kids.

"The whole thing reeks of negligence," said the family's attorney, Arturo Gonzalez.

Even though the California Highway Patrol concluded that the toddler was at fault in the accident Nov. 28, Gonzalez said he's confident he can convince a jury that the bus driver broke state law and failed to take basic safety precautions.

The suit, which was filed last week in Fresno County Superior Court and made available Monday, also names the county as a defendant. It says the county should re-evaluate its safety policies and "better train its bus drivers."

On a Tuesday afternoon, 2-year-old Audryana Gonzales and her mother were at a school bus stop across the street from their home waiting to pick up Audryana's 4-year-old sister.

When the sister, Syria Gonzales, got off the bus in the 2100 block of Mary Street in Sanger, the bus driver quickly closed the bus doors and started to drive away, the suit says.

At about the same time, Audryana pulled away from her mother and ran into the path of the bus, a witness said. Gonzalez said Audryana was knocked to the ground and then run over by either the front or back wheels. She was pronounced dead at the scene.

"It happened so quickly," said Ana Rios, 15, who witnessed the accident. "The mom was hitting the bus, telling [the driver] to stop. Then the driver had his head on the steering wheel. I think he was in shock."

Gonzalez said the mother, Angelica Gonzales, and Syria are still traumatized.

No one from the Gonzales family could be reached for comment Monday.

The 53-year-old Sanger bus driver, Ernan Rodriguez, declined to comment.

State law says bus drivers must make sure that all pedestrians are "a safe distance from the school bus before setting the school bus in motion." Gonzalez said Rodriguez violated that law.

Rodriguez also failed to follow a law that requires school bus drivers to get out of the bus and escort children across the street when they need to cross a road, Gonzalez said.

If the suit goes to trial, Gonzalez says, he will argue that Rodriguez was responsible for ensuring that Syria made it safely across the street to her home even though her mom was at the bus stop to pick her up. He said that would have helped avoid the accident.

"You don't take off from a bus stop unless you know everyone is out of the way," Gonzalez said. "It's a no-brainer."

The CHP, however, says Audryana was at fault because she failed to yield to traffic when she went in front of the bus. A CHP spokesman said Monday that no one was available to explain its conclusion.

The spokesman said Rodriguez was not cited for the accident.

The school bus was operated by Fresno County's Head Start program. The director of the county's Economic Opportunities Commission, which oversees the program, declined to comment on the suit.

The lawsuit described Audryana as a 2-year, 2-month-old girl who weighed 30 pounds and was "friendly and outgoing."

"She met new people easily and often asked to be hugged and carried in their arms," the suit reads. "Syria remembers playing with Audryana and keeps Audryana's favorite doll perched on a shelf in her honor."

By Chris Collins / The Fresno Bee

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