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Parents file lawsuit against drunk driver who crashed into kids’ school bus

WARSAW, Ind. (WISH) — The parents of an Illinois hockey team have filed a lawsuit against Victor Santos, the semi-truck driver who police say was drunk when he crashed into a high school bus in Kosciusko County.

“He said, ‘dad LJ was covered in blood and screaming, I’m going to die. I don’t want to die. I don’t want to die. I don’t want to die,’” recalled Karl D’Cunha the moment he got a phone call about the crash from his son, Kristiano. “It was like a war zone…And then I saw the cops bringing this guy with handcuffs, red eyes like cold, robotic as if nothing had happened.”

That guy is Victor Santos. According to the lawsuit, which represents 18 people involved in the crash, Santos ran a red light when he crashed into the school bus. Santos, his trucking company, N & V Trucking Express LLC and the company who owns the truck, B&W Cartage Company, Inc., and their partners are all listed in the lawsuit.

“Jack Rogers. Jack was one of the more seriously hurt young men. He had a fractured pelvis and fractured skull,” explained Tim Cavanagh, founder of Cavanagh Law Group.

Cavanagh says Santos had a criminal history which includes “violations of federal motor carrier safety regulations.” He says Santos should have never been behind the wheel in the first place. It’s the reason they want to hold accountable B&W.

“You have a responsibility under federal law, to do background checks and make sure they’re putting good responsible drivers on the road,” Cavanagh said.

I-Team 8 found that Santos did have a valid Commercial Driver’s License. It’s unclear what kind of background check Santos went through with B&W.

“When a truck and a car collide, we know who’s going to win. The truck is going to win, it’s going to cause the death and devastation.”

I-Team 8 reached out to B&W and did not hear back. There is no trial date set for this case yet. Cavanagh says it’s too early to determine a financial amount they are going for in court.