7-Year-Old Hit By Truck After Getting Off School Bus

KAUFMAN (CBSDFW.COM) – A 7-year-old Kaufman County boy is dead after he was hit by a truck that illegally passed a school bus Thursday afternoon.

The boy was getting off a Kaufman ISD school bus on Highway 34 near FM 2728 between Terrell and Kaufman around 3:30 Thursday when he was struck and killed.

The pickup truck stopped after hitting the boy.

Passing a stopped school bus is against Texas state law.  The bus had warning lights and the side stop sign extended at the time of the accident.

The driver of the pickup truck, 48-year-old Salvador Hernandez of Terrell, was arrested for manslaughter and taken to the Kaufman County jail.

The boy, identified Friday as 7-year-old Nicholas Garza, was a foster child.  He was getting off the bus with a foster brother who was holding his hand at the time of the accident.


One Comment

  1. Texas says:

    wow…. out of the all bad news going on in the world this is truely the worst. 😦

  2. T.M says:

    I have a 7 year old…I can’t even begin to imagine the pain this family is suffering. I hope the dirt bag gets the maximum penalty!

  3. manny says:


    1. Josh Rogers says:

      BS u dont speed in a school zone and u surely dont pass a loading or unloading bus..this man deserves what he gets.

    2. ohh....please says:

      How disgusting…now the perp becomes the victim…the truck driver’s family should feel nothing but shame.

      As for the family of the kid…well…according to you who cares…nothing can be changed. Disgusting.

      At least the dirtbag had a chance to live…grow up…make something of himself…he blew his chance when he exhibited highly reckless and callous behavior…

      The bottom line is he killed a kid…he intentionally went around the school bus…had made his choice…now he has to live with it…

      1. Know the facts!!! says:

        hey idiot he didnt go around a school bus, the kid was dropped off in a middle of highway (55mph highway) and he was hit b/c the bus driver neglected to help a 7 year old!!!!!!! cross the HIGHWAY!!!!!!!

    3. Carol-Lyne Powell says:

      the driver was repotedly drunk or fighting w someone on the phone, i work w ‘Nikkis dad

  4. BDaley says:

    Heart Shattering for the families of BOTH this 7 year old boy AND the 8 year old girl. Both killed by illegally passing as they left their school bus.
    True horror that they were both killed on the same day, same manner & at the same vicinity.
    Tell me if I’m reading these two news reports incorrectly.
    What is wrong with people..Why did these two drivers think the bus had stopped with flashing lights on..? Ignorant & selfish
    OMG..this breaks your heart

  5. Robert says:


    Im sure if the signs were in spanish he would have stopped? Learn the language dont try to change our culture, DA.

    1. Melissa Macedo says:

      A child has died. Let’s not bring race, culture or anything else that strays away from the fact that people need to be careful when they are driving, REGARDLESS of their religion, ethnicity, sex, race, color, etc. This is a HORRIBLE situation.

    2. Know the facts!!! says:

      Hey ROBERT…he dropped of in a highway and there are no school signs or precaution signs. Question that. Question the driver who neglected to walk the little boy across a HIGHWAY!!!! in which cars are traveling up to 55 mph.

      1. John T. Ford says:

        @Know the facts …
        You are a complete and utter IDIOT with a shoe size IQ who defends child killers!

    3. OnHere says:

      im sorry i disagree i was on this bus red does mean stopp i saw the whole thing he shouldnt of kept driving.!

  6. Carter says:

    I’m not definding him, but he could have been texting, talking on the phone or distracted in someway or another. Unfortunitly the odds are that your right. He should have been able to read STOP and understand that red means stop also.

  7. rd says:

    Manny, the dirtbag DID mean to pass the bus when the stop sign and flashing lights were active. He has NO excuse. And I feel your point Robert, but even if he couldn’t read English, the stop sign color and shape should have told him anyway. These effing pickup driivers think they own the road.

    1. manny says:

      RD if you have ever gotten a ticket did u mean to get it or in an accident did you mean to to get into it?? i do agree that there is no excuse for his actions but its not because he is a mexican or chinese or any other ethnic group…. he is a careless human being i hope if i ever have an accident they don’t judge me because i am hispanic or my wife is an american citizen born in mexico. a lot of us mexian americans also fought for this counntry it our country too.

      1. rd says:

        I wasn’t saying anything about him being Mexican, I was commenting on what Robert said about his asking if the guy could read English. I said that it didn’t matter if he could read it or not, the red octagonal sign means STOP. As for your other point, it was not an accident, he DELIBERATELY went around the school bus. And yes, I have been in accidents, none of them my fault. Both of them occurred when I was stopped at a red light and someone rear ended me because they were not paying attention. I am not judging this guy because he has a Hispanic name, I am judging him because he chose to DELIBERATELY BREAK THE LAW.

    2. know the facts!!! says:

      Rd before you decide to make a statment get the facts. He was dropped off in the middle of a highway. Let me repeat incase you didnt understand the first time…A 7 YEAR OLD!!!…was…dropped off…on…a…HIGHWAY!!! and was let off the bus to cross a highway. He wasnt dropped off in a school zone, he was dropped off in a highway that has one sign and one sign only…it reads…55 mph!!!!…it could have happened to anyone…who expects a running 7 yr. old running across a highway????

      1. Jesse says:

        I completely agree with that, I drove by there today and there is nothing there other than a sign of 55 mph and no school zone… a driver traveling southbound can slam as hard as he wants on his breaks and it will take 20 to 30 feet for that car to come to a stop especially going at 55 mph or more… honestly I’ve seen cars there go about 70 mph… who would expect a bus to just randomly stop in the middle of a highway and a child to run out unsupervised… no one… this can happen to anyone… and the people who are quick to judge are a bunch of idiots.

      2. rd says:

        Here. I’ll post the first sentence of the article in case you missed it. “A 7-year-old Kaufman County boy is dead after he was hit by a truck that illegally passed a school bus Thursday afternoon.” Let me repeat in case you didn’t understand the first time…. the truck ILLEGALLY PASSED THE SCHOOL BUS. If the truck had followed the law, the kid would be alive, regardless of whether it was a highway, a residential street, or a sidewalk. Even if the bus driver had helped the kid, they would likely BOTH be dead because (I’ll say it again) the truck ILLEGALLY PASSED THE SCHOOL BUS. BTW… to answer your question of who expects a running 7 yr. old running across a highway? Anyone paying attention to a SCHOOL BUS STOPPED IN THE ROAD.

  8. Mark says:

    I couldn’t imaging the pain this family is going through, many blessings to them. Also, even though this idiot ran the red lights, many blessings to him, as I know he didn’t want this to happen. Many blessings to all those involved. Rest in Peace.

    The words being in Spanish doesn’t mean a thing, the international symbol to stop is an octagon painted red! Period.

  9. dale says:

    he should receive the max penalty no excuses for this

  10. ash says:

    I dont care who you are. If you cant read English or know the signs and colors… How the hell are you getting the drivers license? Everyone that is even somewhat intelligent knows that you do not speed in a school zone, or pass a unloading or loading bus. Texting, or being distracted is no excuse either. He killed an innocent 7 year old and that babies family is suffering right now I am sure. I do believe he should get the maximum penalty. PERIOD.

    1. Human Being says:

      WELL SAID ASH! I agree with you 100%

  11. Sonny says:

    Was he illegal? Did he speak or read English? Instead of learning and obeying our laws, he just drove on by and couldn’t care less about killing him. He should be locked for up 25 years or more!!!! Better yet, lets EXECUTE him so maybe that’ll be a wake up call to Mexicans and illegals to learn English and obey our laws!!!!!

    1. know the facts!!! says:

      hey idiot the kid was dropped off in a middle of highway (55mph highway) and he was hit b/c the bus driver neglected to help a 7 year old!!!!!!! cross the HIGHWAY!!!!!!! Ive driven on that highway…there are NO SIGNS. Only sign you will find there is “55 mph” sign. You can slam on your breaks as hard as you want, the car will take at least 20 to 30 feet to come to a complete halt going at that speed.

      1. Really??? says:

        He also passed a line of cars that were stopped for the bus. And was going fast enough to knock his shoes and socks off. Highway or not, he had plenty of warning. It’s obvious that he did not mean to kill a kid but really, could you please stop defending him? He deliberately broke the law.

      2. Carol-Lyne Powell says:

        He didn’t stop til actually about 50 yards after he struck him, and I believe he only stopped bc another car was following him

  12. randa says:

    oh my god!!!i feel bad for the driver as much as i do for the 7 year olds family:)things like this can happen!they need to have special bus stops or something cause i’m sure this guy wanted to kill that poor boy:(

  13. kath says:

    the story doesnt make any mention of whether the truck driver could read english. don’t make assumptions. this is a tragedy don’t turn it into a debate on illegal immigration. whether the driver ignored the flashing lights or was distracted he will be punished according to the law

    this child’s family is going through unspeakable heartbreak. and his younger siblings were right behind him getting off the bus.

  14. Denisha Williams says:

    It’s sad.. there is no excuse.. u know tht when the school bus is running.. the bus is going to have to stop… I dnt care if im running late or what.. when u see tht bus stop tht means u stop.. example= if a train is about to run and the guard rails are down and the train is coming ur going to stop.. everything gives u a sign.. if u can stop at a red light.. u can stop for the school bus.. he has lights and stops signs as well… some people are impatient and ignorant.. no he probably didnt think he was going to hit the child… just like the child didnt think it was his last day of life.. Come on people obey the laws of the land.. my heart hurts… he was only a child.. his life has yet to begin.. my God…

  15. katelyn says:

    Who was the boy?

  16. KaufmanCountyGirl says:

    I drive this on this stretch of 34 almost daily and this breaks my heart. While I am sure this guy did not set out to kill a child today, this does not excuse the fact he broke a law! I have no remorse for this murderer. School bus laws are in effect for this very reason.
    My prayers go out to this family and I hope they get justice.

  17. Jesse says:

    @ Sonny and Ash: yea it looks like you two are really smart… what does this have to do with illegal immigration? Oh and to sonny, lets execute him? With that type of logic lets execute anyone for speeding because they could lead to a tragic accident, or lets execute someone for jay-walking, because they could cause an accident. I am sure if he was another ethnicity we wouldn’t be bringing immigration up, only because of the color of his skin… save that debate for when it actually applies. Don’t be so quick to judge and condemn, you never know when you will be in an unfortunate situation. Prayers go out to the child’s family and the drivers as both didn’t foresee their lives being tragically changed this way today.

    1. manny says:


  18. Raylene says:

    To You, O Lord, we humbly entrust this child, so precious in Your sight. Take him into Your arms and welcome him into paradise, where there will be no sorrow, no weeping nor pain, but the fullness of peace and joy with Your Son and the Holy Spirit forever and ever.
    Dear Lord please be with the parents, family and friends of this little one in this time of loss and overwhelming grief. Turn their eyes to you as they seek to find the strength to trust in your faithfulness. Please show them your compassion, Lord. Please help them to forgive the driver of the truck, for God’s Word says, “And when you stand praying, if you hold anything against anyone, forgive him, so that your Father in heaven may forgive you your sins” (Mark 11:25). “Do not judge, and you will not be judged. Do not condemn, and you will not be condemned. Forgive, and you will be forgiven” (Luke 6:37).
    I ask all this in Jesus Christ name…Amen

    1. Human Being says:

      you know Raylene .. I really appreciate your simple prayer for the child who died .. BUT .. then you get ridiculous .. quoting scripture that has nothing to do with the pain the childs family is enduring .. all I get from your post is “blah blah blah”

    2. Sarah Youngblood says:


  19. Raylene says:

    “human being” Thank you for your appreciation of my simple prayer for the child. My prayer for the parents was “Dear Lord please be with the parents, family and friends of this little one in this time of loss and overwhelming grief. Turn their eyes to you as they seek to find the strength to trust in your faithfulness. Please show them your compassion, Lord” sorry you didn’t aprrove. The rest of the prayer/scripture was for forgivenss from the parents to the driver of the truck…for we must forgive to be forgiven. I know my heart and thoughts were in the right place…I don’t need your approval….but thank you for your concern

  20. Momma2boys says:

    Am I missing something, but where did it say that the driver was illegal or couldn’t read english? It’s really sad that just because of someone’s name, people make these assumptions. I for one have seen MANY cars pass a school bus with flashing lights while waiting for my children. I am pretty sure most if not all of those people could read the sign and just choose to pass it up. They just assume nothing will happen. Unfortunatly this driver was wrong. I pray that other’s learn from his mistake.
    I pray for this boy’s family during their time of grief. I also prayer for the driver and his family, for I am sure that he didn’t think this would ever happen.

  21. pjjack says:

    i drove a school bus for years and it was the district policies to escort the children across the street, even on a residential road. i cant imagine not doing this on a highway. the bus driver may have been able to help prevent this tragedy.

    1. SAR says:

      I also drove a bus and feel that the driver of that bus should have made sure traffic was stopped before he/she let any child get out of the bus, especially on a road like 34.

  22. Ms. M says:

    I don’t understand why bussed children are not let off at a point where they don’t have to cross a road. Any road is dangerous. Especially now with all the distractions of cell phones, etc. I see this dangerous practice even in the city. No matter what road you are on, someone is always speeding and/or not paying attention. God bless the family of this child.

  23. ayc says:

    r.i.p NICHOLAS
    why would the school even allow the kids to get dropped off in the middle of a high way.. this is little kids not teenagers.

  24. ayc says:

    i totally agree with ms. m

  25. Jamie says:

    Many of you are missing the point. Regardless of how bad you think the driver may feel you are missing the point that he broke the law, and as a result an innocent child died. He broke the law and deserves to pay for his actions. When a drunk driver hits someone and kils them, do you ever talk about how bad the driver must feel. No you don’t, because you know that the drunk driver made the decision to break the law. Don’t make a victim out of the purp. The problem isn’t that the driver did not help the child cross the street, state law does not require that he or she do so. He must not have been paying attention or just ignored the signs all together, or he would not have been charged with invol manslaughter.

    1. Jamie says:

      This is just a PS to my original comment. The more I think about people making excuses for his actions or inactions depending on how you look at it, the more it disgusts me. The child paid the ultimate price for this guys actions, the driver’s punishment will be nothing compared to that.

  26. Mrs. Bus driver says:

    I drive school buses for a living, plus I am a mother of three children. My heart goes out to the families of all involved. But most importantly I will keep the bus driver and her remaining passangers in my prayers. I don’t think I could drive after witnessing a tragic accident right before my eyes. Watching a student die whose life, I as a driver, am supposed to protect. But when society neglects the laws we have in place to protect our young, and only care about themselves. Then society needs to take responsibility for our actions. I see people everyday run my reds and ignore the fact that I have 15 to 20 kids at a time unloading my bus, who are to young to stop and look before crossing the street in every which direction. Scares the living daylights out of me. And when I right it up nothing gets done. Police ignore the write ups we send on vehicles who run ourreds. Because by law they can’t ticket people unless they witness the action happen themselves. And society is to blame since we either voted or didn’t vote for our political leaders to create the laws we have in place today. Nobody has a right to point fingers and if you want to blame anybody, blame yourself first. May God be with the families durring these dark times for them.

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