A Lighthouse Charter School bus, crashed into the CSX railroad bridge center pillar Monday, March 12. Several children were injured, lying on the ground. Two people died, bus driver Thomas Spencer, and 5-year-old Donasty Smith.
The lawyer for Donasty's mother has filed suit against Miller Transportation, the company in charge of the buses, and their drivers.
"Unfortunately there is nothing we can do to bring the child back, but the laws of the state of Indiana allow for a plaintiff who has been harmed in this way to bring a lawsuit seeking monetary damages as the result of the death of the suit," said Attorney Reginald Bishop.
Bishop said the suit will help Donasty's parents who, according to the suit, have “lost the services, love and companionship of their daughter.”
“The ultimate price was paid by a young girl for this negligence, it is very important that everyone is made as whole as they can be," said Bishop.
Bishop said the suit is about more than money.
"We think there should be seat belts on buses,” said Bishop. “If it just saves one life, out of the thousands and thousands of children that are being transported, then I think it is money well spent."
Bishop said he and Smith's family have already talked to legislators about a possible Donasty's Law.
“The legislators intend to introduce it in the next session of the Indiana General Assembly,” said Bishop. “It would be a law that would require seat belts on all school buses for Hoosier Children."