Bastrop County State Highway 21 School Bus and Concrete Truck Crash Involving Hays CISD Claims Two Lives

  • Sean Chalaki
  • November 13, 2025
  • Blog, News
Bastrop County State Highway 21 School Bus and Concrete Truck Crash Involving Hays CISD Claims Two Lives

What we know about the State Highway 21 school bus crash

A Hays Consolidated Independent School District bus carrying 44 pre-K students and 11 adults from Tom Green Elementary in Buda was involved in a devastating crash on State Highway 21 in Bastrop County at approximately 1:59 p.m. on a Friday. The children and staff were returning from a field trip to the Bastrop Zoo when, according to the Texas Department of Public Safety, a concrete truck veered into the westbound lane and struck the front of the school bus. In the chain reaction that followed, a passenger vehicle behind the bus became involved by colliding with the rear of the bus or the truck. Multiple injuries were reported. Tragically, a 5-year-old Tom Green Elementary student died from injuries, and the driver of a car following behind the bus also died.

School officials shared the student’s first and last name publicly and celebrated his bright spirit, his love for drawing, and his joy for dinosaurs. In the wake of the crash, Tom Green Elementary canceled classes on the following Monday so the community could mourn together. A memorial appeared by the school sign with flowers, an Easter basket, and stuffed toys. A community relief fund was also created to help families affected by the tragedy.

When a serious bus crash happens in Central Texas, the shock is felt from Buda to Kyle, along the Highway 21 corridor, and across Bastrop’s neighborhoods. Field trip days are supposed to be happy, ordinary moments. The loss here is immeasurable.

Who was involved and how the community is responding

The bus was part of Hays CISD, specifically Tom Green Elementary, which serves families in Buda and surrounding Hays County neighborhoods. The trip destination was the Bastrop Zoo, a popular outing for young students in the area. According to initial reports, the crash involved three vehicles: the school bus, a concrete truck traveling in the opposite direction before veering into the westbound lane, and a passenger vehicle following behind the bus that became involved after the first collision.

School leadership reported several students and staff were hospitalized after the crash, with updates indicating expected discharges soon thereafter. The community quickly rallied, creating a memorial at the school and sharing messages of support for the families. This response reflects what many in the Austin metro area recognize about Hays County and Bastrop County communities: people show up for one another, whether at a school foyer filled with flowers or via a relief fund that grows by the hour.

Where and when it happened, and local road context

The collision happened on State Highway 21 in Bastrop County. This corridor links Bastrop with communities toward San Marcos and Hays County. It carries a mix of local traffic, school buses, and heavy commercial vehicles, including concrete and aggregate trucks servicing rapid regional development. Afternoon hours, especially on Fridays when school field trips return, often see increased traffic with variable speeds, merges from county roads, and frequent turning activity for rural driveways and business entrances. Residents in Red Rock, Cedar Creek, and those commuting to Buda know stretches of SH 21 can go from smooth to congested within minutes.

While investigators will reconstruct the specifics, the reported sequence is stark: a concrete truck veered across lanes into the path of the westbound bus, causing a frontal collision, followed by a rear impact from a passenger vehicle behind. Even at lawful speeds, a large truck’s unexpected encroachment into oncoming lanes leaves almost no time or distance for a bus driver to avoid impact. Emergency services from across the region responded swiftly.

Official statements and how Texas investigations work

Initial statements came from the school district and the Texas Department of Public Safety. In Texas, DPS troopers typically lead investigations for serious highway crashes in unincorporated areas, which includes much of Bastrop County. Investigations of this nature usually include on-scene measurements, vehicle inspections, witness interviews, and collection of electronic control module data where available. Depending on severity and public interest, agencies may consult with reconstruction specialists to analyze speed, braking, sightlines, and mechanical factors.

Families often ask what documents exist and when they will be ready. Under the Texas Transportation Code, crash reports are compiled and, in many cases, released to qualifying parties. State law governs who can access reports and when they become available. For context on release rules, see Transportation Code section 550.065, which sets out who may obtain crash reports and under what conditions. The statute is published by the state at statutes.capitol.texas.gov.

In serious injury or fatality cases, additional records may be created, including an inquest or medical examiner report. In many Central Texas counties, autopsies are performed by a regional medical examiner’s office. Families can review how autopsy records are managed and requested in the Austin area through the Travis County Medical Examiner’s public information guidance at traviscountytx.gov. Death certificates are issued through the Texas Department of State Health Services Vital Statistics, with information available at dshs.texas.gov.

Safety questions families are asking about school buses and concrete trucks

School bus crashworthiness and restraints

Parents naturally ask whether buses are safe and whether seat belts matter. School buses are engineered with high-visibility design, elevated seating, and a protective interior structure. Large school buses rely on a safety approach called compartmentalization, where high, closely spaced, energy-absorbing seats help protect passengers. Federal guidance from the National Highway Traffic Safety Administration explains how this works and when lap and shoulder belts are used. NHTSA’s overview of school bus safety is available at nhtsa.gov.

Texas has taken steps to increase the use of three-point belts on newer buses. The precise equipment on a particular bus depends on its model year and district procurement. Investigators often document restraint systems as part of their review and, if applicable, note whether belts were present and used.

Heavy trucks on rural highways

Concrete trucks are heavy commercial vehicles with unique handling characteristics. Their weight and high center of gravity, particularly when loaded, affect stopping distance and stability. Federal Motor Carrier Safety Regulations govern driver hours of service, vehicle maintenance, and drug and alcohol testing for drivers. These standards are published by the Federal Motor Carrier Safety Administration. Key regulatory areas include hours of service at fmcsa.dot.gov and inspection, repair, and maintenance at fmcsa.dot.gov. Whether any regulatory concerns were factors in this crash is part of what thorough civil investigations often explore.

What rights may be available under Texas law

After a fatal crash, surviving family members may have claims under Texas wrongful death and survival statutes. These laws are found in the Texas Civil Practice and Remedies Code, including Chapter 71. The statutes outline who may bring a claim, the types of damages permitted, and how an estate can pursue claims that the deceased could have brought if they had survived. You can review the statutory framework at statutes.capitol.texas.gov.

If a crash involves a public school district vehicle, additional rules apply. School districts are governmental units in Texas, which means the Texas Tort Claims Act governs when and how they can be sued. The Act waives immunity in limited circumstances, including certain motor vehicle incidents involving employees acting in the scope of their employment. The Act also imposes monetary caps on recoveries against a governmental unit. For school districts, the cap is generally 100,000 dollars per person and 300,000 dollars per occurrence for bodily injury or death. See Texas Civil Practice and Remedies Code section 101.023, posted at statutes.capitol.texas.gov.

The Texas Tort Claims Act includes notice requirements. As a general rule, a claimant must give notice of a claim to the governmental unit within six months of the incident. The notice typically must describe the damage or injury claimed, the time and place of the incident, and the incident itself. See section 101.101 at statutes.capitol.texas.gov. Some local entities can have shorter notice periods by charter, so prompt action is important to preserve rights.

When a private commercial vehicle like a concrete truck is involved, separate claims may exist against the driver and the trucking or concrete company. Those claims can include negligence and, where evidence supports it, negligent entrustment, hiring, training, supervision, or maintenance. Federal and state safety rules can be relevant to proving these claims, including FMCSA regulations cited above.

How insurance may work after a multi-vehicle crash

Insurance can be confusing in a three-vehicle crash. Several coverages may be in play, each with different rules:

  • Liability insurance for the concrete truck company covers harm caused by the company’s driver if the driver was negligent and at fault. Commercial policies often have higher limits than personal auto policies, but coverage details vary.
  • Governmental risk coverage for the school district is governed by the Tort Claims Act caps discussed above, which limit the amounts available from a district for injury or death arising from a covered motor vehicle incident involving an employee.
  • Personal auto policies for families may include Personal Injury Protection or medical payments coverage that can help with immediate medical expenses regardless of fault, and Uninsured or Underinsured Motorist coverages that may apply if liable parties lack sufficient insurance. The Texas Department of Insurance explains these coverages at tdi.texas.gov.

Before contacting any insurance company, it is wise to speak with an attorney for a free consultation to understand rights and obligations. Insurance adjusters can record statements and ask questions that seem routine. What someone says early on can be used against them later, even when they are simply trying to be helpful or uncertain about details. In cases involving a school district and a commercial truck, multiple insurers may reach out quickly. Having guidance before those conversations can prevent avoidable problems.

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Practical steps to obtain reports and preserve proof

Crash report and supporting records

Texas law authorizes the release of crash reports to certain individuals and entities, including parties involved and their representatives. The release rules are in Transportation Code section 550.065 at statutes.capitol.texas.gov. Families and injured individuals can also usually request reports directly from the agency that investigated the crash or through the state’s crash records system maintained by the Texas Department of Transportation.

When requesting crash records, ask for supplemental materials if available, such as diagrams, photographs, measurements, and any reconstruction summaries. Not every case will have all of these, but the sooner a request is made, the better the chance that records can be located and preserved.

Medical examiner, inquest, and death certificate

In fatal crashes, Texas law generally requires an inquest. If an autopsy is performed, the medical examiner’s office that conducted it is the custodian of that report. In the Austin area, the Travis County Medical Examiner provides information on how autopsy-related records are managed and requested at traviscountytx.gov. Death certificates can be requested through the Texas Department of State Health Services Vital Statistics at dshs.texas.gov.

Preserving vehicle and electronic data

In a crash involving a concrete truck and a school bus, preservation of electronic and mechanical evidence can be critical. This may include:

  • Electronic control module data from the truck and, if equipped, from the bus, which can record speed, brake application, and other parameters around the time of the crash.
  • Driver qualification and compliance materials for the commercial driver, such as hours-of-service logs and maintenance records. FMCSA rules governing hours and maintenance are available at fmcsa.dot.gov and fmcsa.dot.gov.
  • Video or telematics if the bus or truck had onboard cameras or GPS tracking.

Prompt written preservation requests are frequently used in serious crashes to ensure key evidence is not overwritten or lost as vehicles are repaired or disposed of and as electronic systems auto-delete data after set intervals.

Supporting the school community while protecting critical evidence

In Buda, families know Tom Green Elementary as a place where teachers and staff pour into the lives of little ones. Mourning together matters. Memorials, gatherings in the school courtyard, and the simple act of bringing a casserole are meaningful. At the same time, it is possible to support one another while taking practical steps to protect legal rights and the factual record.

If photos or videos from the scene exist on bystanders’ phones, those can be shared with investigating officers. It can also help to document children’s injuries and symptoms over time, not just on the first day. Keep medical records, discharge summaries, and written recommendations from pediatricians and therapists. These records tell the story of how the crash affected a child physically and emotionally. Many families in Hays County also find it helpful to note behavioral changes after trauma. Pediatric providers can advise on age-appropriate care plans.

Key timelines that often apply in Texas

Texas law includes several timelines that can affect a family’s ability to pursue claims:

  • Notice to a governmental unit under the Texas Tort Claims Act is generally due within six months of the incident unless a shorter period applies for a particular entity. See Texas Civil Practice and Remedies Code section 101.101 at statutes.capitol.texas.gov.
  • Statute of limitations for personal injury and wrongful death claims is set by statute, often two years in Texas, though there are exceptions and special rules for minors and governmental entities. The specific time limits can depend on the circumstances and parties involved. See related provisions in the Civil Practice and Remedies Code at statutes.capitol.texas.gov and Chapter 71 at statutes.capitol.texas.gov.
  • Insurance deadlines can apply under policy terms for notifying insurers or applying for certain benefits like PIP. The Texas Department of Insurance provides consumer guidance on auto policy coverages at tdi.texas.gov.

Because timelines can vary by entity and situation, it is important to confirm deadlines as early as possible. Waiting can reduce options.

Resources and helpful Central Texas contacts

In the first days after a serious crash, it can be hard to know who to call for specific records or updates. These resources can help orient families and community members:

  • Crash report release rules: Texas Transportation Code 550.065 explains who may get a crash report and the process. Link to the statute: statutes.capitol.texas.gov.
  • Texas Department of Transportation crash records information: TxDOT maintains statewide crash records and provides access to qualifying requestors. Navigate from txdot.gov to the crash records section for instructions.
  • Texas Department of Public Safety Highway Patrol: DPS is the investigating agency for many highway crashes in Bastrop County. General DPS information and regional contacts are available at dps.texas.gov.
  • Medical examiner records: If an autopsy was performed in Central Texas, guidance on records is available through the Travis County Medical Examiner at traviscountytx.gov.
  • Death certificates: Texas DSHS Vital Statistics outlines how to obtain certified copies at dshs.texas.gov.
  • School bus safety background: NHTSA’s school bus safety page explains compartmentalization and restraint use at nhtsa.gov.
  • Commercial truck safety rules: FMCSA regulations on hours of service and vehicle maintenance are at fmcsa.dot.gov and fmcsa.dot.gov.
  • Auto insurance coverages in Texas: Consumer guidance from the Texas Department of Insurance on PIP, MedPay, and UM/UIM is at tdi.texas.gov.

For those close to Tom Green Elementary in Buda, staying connected with district communications is important. School and district updates often include counseling resources for students and staff, memorial information, and any transportation or schedule adjustments that may follow a significant event.

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Commentary from Gosuits Bastrop County, Texas Personal Injury Attorney

Our hearts are with the children, families, educators, and neighbors affected by this crash. We also want to extend compassion to the family of the driver who lost their life while traveling behind the bus. This article is for general information and education. It is not a substitute for advice about any specific situation.

From what has been reported, this appears to be a violent sequence that began when a concrete truck entered the bus’s lane. On two-lane and undivided roads, a single loss of control or lane intrusion can change everything in a heartbeat. In our view, a thorough civil investigation should focus on several areas: the truck’s mechanical condition, the driver’s hours of service and fitness for duty, the load at the time of travel, onboard electronic data from the truck and any available bus or third-party dash cameras, and roadway factors like line-of-sight and shoulder conditions. When a school bus is returning from a field trip, there is no margin for error. Every safety layer matters.

We see, time and again, how insurance carriers and large companies position themselves quickly after a catastrophic loss. Representatives may reach out early, offering to pay certain immediate expenses or requesting recorded statements. Those steps can seem helpful, yet they can also limit what is recoverable later or create statements that are used to argue against the full extent of harm. When a governmental entity is involved, caps and notice rules add complexity. Families can end up navigating multiple adjusters and separate rules, all while recovering from the unthinkable.

This is why a free consultation can be so important. It helps people understand which insurers are responsible for what, how to preserve key evidence before it disappears, and how to avoid common pitfalls like giving statements without context or signing broad releases too early. It costs nothing to ask questions, and it can protect a family’s options while they focus on healing.

What to do next and why timing matters

  • Start with safety and care: Ensure immediate medical follow-up for any injuries, even if symptoms seem minor at first. Pediatricians often note delayed onset issues after a traumatic event, including headaches, sleep changes, or anxiety.
  • Preserve evidence right away: Save photos, videos, bus notes from the day, and any communications from the school or district. If any vehicle data, dash camera footage, or bystander recordings exist, note where they are and back them up.
  • Collect key paperwork: Keep hospital discharge papers, therapy referrals, and receipts. Maintain a simple journal of recovery milestones, missed school or work, and daily impacts.
  • Request official records: Ask about the crash report and later any supplemental materials available under Texas law. Review Transportation Code 550.065 at statutes.capitol.texas.gov to understand who can obtain reports and how.
  • Consult a qualified attorney before engaging insurance companies: Before giving any recorded statements or signing any documents, seek a free consultation to understand your rights. In multi-vehicle crashes, comments to one insurer can be used by another. What someone says to an insurance company can be used against them later.
  • Be mindful of deadlines: Texas has important timelines, including notice to governmental entities and statutes of limitations. Review Tort Claims Act provisions at statutes.capitol.texas.gov and wrongful death statutes at statutes.capitol.texas.gov.

Acting now preserves options. Commercial carriers can repair or retire vehicles quickly, and electronic data can be overwritten by normal system cycles. Witness memories fade. Governmental notice deadlines can pass quietly. Early, careful steps help ensure the facts are preserved and that decision-making is guided by complete information rather than assumptions.

FAQ

What legal rights do family members have following a fatal school bus crash in Texas?

Family members may pursue wrongful death claims under Texas law, which allows them to seek compensation for the loss of their loved one. Specific provisions under the Texas Civil Practice and Remedies Code, including Chapter 71, outline who can bring claims and the types of damages available.

Disclaimer

This article is provided solely for general informational and educational purposes. It is not intended as legal advice and should not be relied upon as such, particularly by individuals affected by the incident discussed. Reading this article does not create, nor is it intended to create, an attorney–client relationship.

An attorney–client relationship with our firm can only be established through the execution of a written contingency fee agreement signed by both the client and the law firm. If you are a victim of this incident, you should not interpret the information herein as legal advice. Instead, we strongly encourage you to contact an attorney of your choice to obtain a proper consultation tailored to your specific situation.

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Sean Chalaki - Principal/Founder of Gosuits.com

Sean Chalaki

About the Author

Sean Chalaki, is widely recognized as one of the best personal injury lawyers in Texas and California, known for his exceptional courtroom results, cutting-edge legal...
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