The parents of 16 students injured in a school bus versus semi accident are suing the semi’s driver, Victor Santos, and the trucking companies who employed Santos. File photo from the Warsaw Police Department.

By Liz Shepherd
InkFreeNews

WARSAW — A lawsuit has been filed against a semi driver who hit a school bus in Warsaw, injuring multiple students from Illinois.

On Nov. 12, multiple emergency departments responded to a two-vehicle accident at the US 30 and East Center Street intersection in Warsaw. Victor Santos, 58, Brooklyn, N.Y., was headed west on US 30 and was allegedly driving erratically prior to the accident. He ran a red light at the intersection, hitting a school bus carrying a hockey team from St. Ignatius College Prep, Chicago. The team was in Warsaw to spend the night at a local hotel following a weekend hockey tournament in Culver.

Santos is charged with four counts of causing serious bodily injury while operating a vehicle and 22 counts of criminal recklessness while armed with a deadly weapon. An affidavit of probable cause also details signs of impairment Santos showed after the accident. Santos provided a portable breath test sample, which indicated he had a .13% BrAC.

Victor Santos

The lawsuit was filed in Kosciusko Superior Court Four on Nov. 28. Listed as plaintiffs are 16 of the students injured in the accident, who are being represented in the suit by their parents; and Michael Rigitano and Ryan Haraldsen, the hockey team’s two coaches. Santos and several semi-tractor trailer companies, including N&V Trucking Express LLC, B & W Cartage Company Inc., B & W Cartage Inc., and B&W International Inc., are listed as defendants.

The suit alleges the trucking companies are vicariously liable for Santos’s actions by negligently entrusting a semi to Santos.

The students and their parents, who are being represented by Miyake Law LLC, Highland; and Cavanagh Law Group, Chicago; are suing Santos and the trucking companies for negligence and punitive damages. The suit argues Santos “failed to keep and maintain a proper lookout for other vehicles on the roadway; failed to maintain control of the semi-tractor-trailer in order to avoid a collision; failed to timely apply the brakes to avoid a collision; disregarded a traffic control device; failed to yield the right-of-way; and failed to use the same care and caution that a reasonably prudent person would have used under the same or substantially similar circumstances.”

The suit further alleges the defendants are guilty of “willful and wanton conduct by Santos … consuming excessive amounts of alcohol knowing that he was going to operate a semi-tractor-trailer; knowingly operating a semi-tractor-trailer while under the influence of alcohol and endangering other persons; and knowing that he was intoxicated persisted to operate a semi-tractor-trailer while inattentive.”

“The defendants’ conduct while operating a semi-tractor-trailer while intoxicated, coupled with their reckless and careless conduct demonstrated a total disregard for the safety of the plaintiffs and other citizens, and constitutes criminal conduct, which subjects them to a claim for punitive and/or exemplary damages,” reads the suit.

The students’ parents and the team’s coaches are suing for judgment against Santos and the trucking companies for all injuries, expenses and damages pertaining to the accident, and court costs. The plaintiffs are further demanding a trial by jury.

Santos has a pretrial conference for his criminal case on Jan. 9, 2023, in Kosciusko Superior Court Three.