
School Bus Safety Emergency: 14-Year-Old Struck by Driver Illegally Passing Stopped Bus in Tragic Incident
The footage is enough to make any parent’s heart stop. A 14-year-old girl, Abby Masters, was simply trying to board her school bus. She was doing what thousands of students in Wink, Texas, and throughout the country do every single morning. She was walking toward the open door of a stopped school bus with its lights flashing and stop arm extended. In that moment, a driver decided their schedule was more important than her life.
Publicly released footage of the March 31 incident shows the car approaching from behind, ignoring the stopped bus, and attempting an illegal pass. When the driver finally spotted Abby, they slammed on the brakes, skidding off the road and into the grass. The car struck the teenager, sending her tumbling to the ground as she tried to brace for the impact.
This collision occurred in Lee County, Florida, but the lessons for families in Wink, Winkler County, and across the Permian Basin are urgent and identical. In our 27+ years of handling catastrophic injury cases at Attorney911, we have seen how quickly a driver’s impatience transforms into a family’s lifelong nightmare. This “nearly serious” injury occurred just seven weeks after Abby’s father tragically passed away, leaving a family already in mourning to face a second, preventable disaster.
If your child has been injured by a negligent driver in Winkler County, you are not just fighting an individual; you are fighting an insurance industry designed to minimize your child’s pain. We are here to hit back.
Call the Legal Emergency Lawyers™ at 1-888-ATTY-911 for immediate help.
The Insurance Defense Playbook: Why “Nearly Serious” is an Insurance Trap
The Lee County Sheriff’s Office noted that Abby was “nearly seriously injured.” From a legal and medical perspective, this phrasing is a red flag. Insurance adjusters love the term “nearly” or “minor” because it allows them to offer lowball settlements before the true extent of an injury is known.
Our firm includes a former insurance defense attorney, Lupe Peña, who spent years learning exactly how large insurance companies value—and undervalue—claims. Lupe knows that adjusters are trained to contact victims like the Masters family while they are still in shock.
Tactic: The Quick Settlement Trap
Adjusters may offer a few thousand dollars to “help with immediate bills.” If the Masters family had signed a release on day three, and Abby later developed chronic back pain or neurological issues from the impact, they would be barred from recovering another dime.
Tactic: The “Objective Evidence” Attack
Because Abby “braced herself” and slid on the grass, an insurance doctor (IME) might argue that her injuries are “soft tissue only” and therefore low-value. Lupe Peña knows better. He has seen how Colossus, the software insurers use to value claims, systematically devalues any injury that doesn’t involve a visible bone break on an X-ray. At Attorney911, we know that a 14-year-old’s developing spine and brain can suffer permanent damage even in “near-miss” scenarios.
Learn more about how we fight these tactics in our video: “The Victim’s Guide to Car Crash Compensation” at https://www.youtube.com/watch?v=eLbNemS_YlM
The Physics of a “Slide”: Hidden Injuries and TBIs
The footage shows Abby falling and sliding. To an untrained eye, it looks like she “walked away.” To a senior litigation attorney, this suggests potential Traumatic Brain Injury (TBI) and spinal acceleration-deceleration damage.
When a human body is struck by 4,000 pounds of steel, the brain can strike the inside of the skull (Coup-Contrecoup injury). Symptoms are often delayed. A headache or “fogginess” three days later isn’t just stress; it’s a medical emergency.
We have achieved a “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.” We understand that the most expensive injuries are often the ones you cannot see on a standard ER X-ray.
Watch our detailed breakdown on bus-related claims: “How Do I Make a Claim Against a Bus Company?” at https://www.youtube.com/watch?v=Y0fugEAzuAs
Damages: The Weight of Prior Tragedy
A unique and heartbreaking element of Abby Masters’ case is that her father died just seven weeks before she was hit. Under Texas law, “Mental Anguish” and “Pain and Suffering” are not calculated in a vacuum.
A jury in a county like Winkler or Harris would look at the “Eggshell Plaintiff” doctrine. While usually applied to physical frailty, the principle remains: the negligent driver takes the victim as they find them. Sticking a child who is already suffering the maximum possible emotional trauma—the loss of a parent—inflicts a level of mental anguish that is exponentially higher than it would be for a child in a stable environment.
We fight for:
* Past and Future Medical Bills: Including psychological counseling for the trauma of the hit.
* Physical Impairment: If the slide caused permanent scarring or joint issues.
* Punitive Damages: If the driver’s conduct was “grossly negligent” (a conscious disregard for the safety of children).
Frequently Asked Questions: School Bus Accidents
What should I do if a car hits my child at a bus stop in Wink, Texas?
First, ensure they receive emergency medical care at the nearest hospital, such as Winkler County Memorial Hospital. Second, call the police and ensure a report is filed. Third, call 1-888-ATTY-911 before you speak to any insurance adjuster. Do not sign any “medical authorizations” that give them access to your child’s entire history.
What if the driver says my child “ran out” in front of them?
In the Abby Masters case, the driver attempted to brake and skid. This proves the driver knew the bus was stopped. Under Texas’s 51% comparative negligence rule, the insurance company will try to blame the child. We use accident reconstruction and bus camera footage to prove the driver violated the law by passing a stopped bus, which overcomes these “blame the victim” tactics.
Does my own car insurance pay if my child was a pedestrian?
Yes. If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your personal policy in Wink, it follows you and your family even when you are not in a car. This is often the primary source of recovery when a negligent driver has low policy limits. Learn more at: https://www.youtube.com/watch?v=3H_-q6ncyOc
How long do I have to file a claim?
In Texas, you generally have two years from the date of the accident. However, if you are filing a notice of claim against a government entity (like a school district), the deadline can be as short as six months. Waiting is the enemy of your case.
Your Legal Emergency First Responders
Abby Masters’ grandmother, Lori Masters, said it best: “You’re not more important. Your job isn’t more important. Nobody is more important than that innocent student trying to get to school.”
At Attorney911, we live by those words. We are not a high-volume settlement mill where you are just a file number. We are a boutique litigation firm that treats our clients like family. Ralph Manginello and Lupe Peña are ready to take on the insurance giants to protect your child’s future.
We serve families in Houston, Austin, Beaumont, Wink, and everywhere in between. Our principal office is located in Houston, Texas, but we travel wherever our clients need us.
No fee unless we win. 24/7 availability. Hablamos Español.
Call 1-888-ATTY-911 (1-888-288-9911) today for your free, no-obligation consultation.
Attorney911 (The Manginello Law Firm, PLLC) — Legal Emergency Lawyers™
Principal Office: 1177 West Loop S, Suite 1600, Houston, TX 77027
https://attorney911.com