In Session: Sidebar  « Back to Blog Main
March 25, 2008

Singer's bus crash raises legal questions

Posted: 12:16 PM ET

NEW YORK – Tejano music superstar and Grammy winner Emilio Navaira is clinging to life in a Houston hospital after crashing his own huge tour bus while driving it.

ALT TEXT

Tejano singing sensation Emilio Navaira was severely injured in tour bus crash.

I know Navaira, and met him years ago when we were both young recording artists with CBS International. Now, as thoughts and emotions run through my mind, I am torn between the legal issues and the grim reality for one of this country’s true Hispanic music icons.

Navaira never should have been driving his huge tour bus. CNN is reporting that he didn’t have the appropriate operator’s license that is only issued by the state of Texas after a qualifications procedure. Read more

In addition, the four-hour drive back to San Antonio after an evening performance in the Houston area is exhausting. Usually, an artist’s bus driver sleeps during the entire show to be ready to drive at the end of the evening. Was it foreseeable that something like this could have happened? Was it negligence or even gross negligence for Navaira to drive the bus himself? Watch a report on the crash

Since this just happened, no one has filed suit in a civil court and there is no word at this point of a criminal investigation. But as we see time and time again accidents of this type can end up in a court of law especially when you have an employment situation with serious injuries and when it involves a situation that apparently could have been prevented.

Five people were on the bus, including Navaira’s musicians and agent. But with Navaira clinging to life our thoughts and prayers should be with him.

Jean Casarez, In Session correspondent

Filed under: Uncategorized


Share this on:
Isah   March 26th, 2008 12:10 pm ET

I am from San Antonio and a huge fan of Emilio's. First, lets not think about all the legal issues right now. He is barely holding on for his dear life with his family praying at his side to get better. Second, the people that were injured in the wreck were all released, including his brother Raulito. Bass player Rick Vega is the only whom remains in the hospital and I am sure he is not thinking of sueing his dear friend at this time. Everyone is across the world that knows Emilio or his music is praying for him. Last but not least his agent, Joe Casias, was not on the bus at the time of the accident. Everyone knows that Emilio loved his bus and drove it all the time and I am sure people, especially those close to him, knew he did not intentionally mean to hurt anyone.

Richard   March 26th, 2008 12:42 pm ET

Lets see your a musician and you own a lear jet, so without proper training you just take off and land it because you own it.

What if he ran over you on the highway would you be talking a different story?

Just plan negligent on his part.

JoeT   March 26th, 2008 2:38 pm ET

Everyone knows that Emilio loved his bus and drove it all the time and I am sure people, especially those close to him, knew he did not intentionally mean to hurt anyone.

The graveyards are full of the victims of people who did not intentionally mean to hurt anyone.

Woody   March 26th, 2008 3:43 pm ET

Not the proper permits ? That depends on how the bus is licensed.
True, it is built on a bus chassis BUT most tour buses are titled and licensed as a motor home Not a bus. A bus license is usually needed to drive for hire.
A private motor home or bus not for hire requires no particular special license . Even that doddering old man you can see on any highway driving vehicles of this size needs nothing but the basic drivers permit in any state in the union.
Not good but that's the way it is.

Texan   March 26th, 2008 4:11 pm ET

Let's see....Tour bus vs Lear Jet...not even remotely the same. Stupid comparison.

It is plain to see you are focusing on issues that don't matter at this time. He drove his own tour bus and for some reason lost control and is now fighting for his life.

I find it hard to understand how people can focus on the negative at the time a human being who meant no harm and is now near death.

Noelia   March 26th, 2008 4:30 pm ET

At times like this people start thinking of how much they can gain from someone's unfortunate fate. He loved his brother and treated his band members like family and knowing him he told them to rest while he drove. That's the kind of person he is. He obviously wasn't thinking today is a good day to have a tragic accident and endanger my friends and brother and maybe myself because I can. He is now paying the price for that mistake and fighting for his life. It's sad that people instantly decide to pick over someone's life and mistakes to see how they can profit. I personally ask why him and not Paris Hilton and Lindsay Lohan who have zero talent and never contribute to the charities and fundraisers like Emilio has. He's a hero in my eyes and will remain that way to me forever.

Concerned   March 26th, 2008 5:57 pm ET

You see I am the wife of a Tejano Musician in San Antonio, Texas and this matter hits close to home because my husband travels all the time to different Cities and States with a well known Tejano Group. So when I read your comment Isah I felt had to respond because, Yes I understand Emilio is the one that is hanging on for his life, and I pray as well that he pulls through, but just because the rest of the musicians were released from the hospital does not by any means excuse the fact that they were in an accident that night. I agree with the write of the article, When he states could this accident been prevented IF he was sleepy why not sleep you have this huge bus with sleeping facilities. If there alcohol involved that my friend is another story that only time will tell . . So for now I ask you to put yourself in my shoes and the shoes of the musicians that were hurt that night and understand that just because he loved to drive the bus does not mean it is ok to drive it. I completely understand when you say that he did not intentionally mean to hurt anyone and that accidents happened, but once again just because they released the musicians from the hospital does not mean they are not hurt. I know for a fact that they are in some way hurt even if it is emotionally. Put yourself in the shoes of their children or spouses what it feels like now to see them go off on the road to preform and not just in the shoes of a Fan.

Sharen   March 26th, 2008 9:04 pm ET

Frankly, driving without an adequate license is more than just negilgent. If one chooses to do something that dangerous, then that was a reckless choice. Sure, it's very easy to be too optimistic about what oneself could do safely. At the same time, dangerous choices are dangerous choices.

Jesse   March 26th, 2008 9:12 pm ET

No one, no matter how rich, famous, or popular, should be operating
any motor vehicle without the proper license. Everyone should also wear their seatbelt. That's the law here too. He and everyone else who acts in such a reckless manner get what they deserve.

JOHN   March 26th, 2008 10:44 pm ET

Its sad how mean people have become .

mimi   March 27th, 2008 12:40 am ET

My prayers are with his family this is such a sad situation for everyone involved I pray to god his fans will be able to enjoy such talent again

lucella whatley   March 27th, 2008 12:40 am ET

Being from San Antonio, where Emilio lives, I was greatly saddened to read and hear about the accident. I taught in the Southside School District in San Antonio, a place where Emilio was much loved ( and Raulito, too!) I pray for him, his family, his band. I know they are devastated, but God is in control and has given great knowledge to the the medical staff to help Emilio. The vigil at the Alamodome was very sincere and moving.

Big O   March 27th, 2008 8:16 am ET

Relax people. It was an accident. Accidents happen everyday. It just so happens that this was a famous Tejano star and it made news otherwise it would have just been another accident. He and his family will face repercussion not you. If we would to gather all the accidents in one day and learn from there wouldn't be any. But thats why they are called accidents because they happen. Relax...

David   March 27th, 2008 8:51 am ET

TO ISAH COMMENT: Know one ever means to do harm...it's just that they do what they want to do with no consequences. SHOULD HAVE OBEYED THE LAWS...Just another hispanic not obeying the laws. They don't care about our laws that we, as Americans, have placed. We are NOT MEXICO. WE HAVE LAWS....and they ARE written in stone. You don't want us to jump to the legal issues. He shouldn't have put himself and his compadres in a fatal position. Wasn't he rushing to judgement.

You don't do things that you want and then say, "OOOPS, SORRY".
You don't cheat and then apologize. GET IT? DO YOU GET IT?

Reason   March 27th, 2008 9:01 am ET

It would be good to wait for all the facts, as in any situation. We are all so quick to judge. Everyone is accountable for his/her own actions. If the others on the bus knew he was not a responsible driver or good enough to drive then they are as much responsible as the driver (maybe not legally). I know when me and my friends go on long trips, no matter who the driver is, we all take turns staying up with the driver. The road and the night can play tricks on many drivers. So before I think about this any further I would like to know all the facts. Once again, we are 'All" accountable for our actions.

Either way, no matter what the outcome is regarding this situation I wish the families and everyone involved a speedy recovery.

Concerned   March 27th, 2008 9:44 am ET

I have not heard of Emilio before reading on CNN what had happened. Its sad to see that everyone is picking out all the wrong things he may have or did do leading up to the accident. He is only human, just like the rest of us, we have ALL made mistakes. People should be posting their thoughts and prayers for his family, and his speedy recovery, not what he shouldn't have done. Any one picking out all the wrong's of this accident, are very inconsiderate. I have 2 close friends killed in car accidents, we didn't start going around, saying, well, they should have done this, they should have done that, we just prayed they would pull through.
God has a plan set out for everyone, at times, they dont' have the best out come.
I pray that God watches over him, his family, & friends, and pray that he pulls through this and is able to see his family, friends, and fans, once again.

natalie wellington   March 27th, 2008 9:47 am ET

i agree with John everyone should just be praying for his family we dont know what they are feeling or going thru at this tuff time. No one is perfect we all make mistakes we learn from it thats what makes us human.

Ed   March 27th, 2008 10:33 am ET

Woody's comments are correct. In many states, non-commercial buses setup like motorhomes do not require a CDL (Commercial Drivers License). If it were required, you would never see those senior citizens tooling around the country in converted buses and huge motorhomes.

Driving one of these huge buses is not so different from driving a larger truck. You have to be aware of the extra width of the vehicle and understand that you won't have instant acceleration or instant stopping power. The ride is great and the height gives you a great view of the road. Parallel parking and backing up presents a few challenges, but with some practice, it is somewhat easy to accomplish. I found it much easier to learn to back a bus than to back a trailered vehicle like a boat. Towing a 25 foot boat will give you approximately 40 feet of total vehicle length and those large buses are only 40 – 45 feet. The length becomes a moot point.

If Emilio had been driving this bus for several years, he certainly knew how to handle it. Driver incompetence would be the last thing on my list to explain this accident. The first place I would look would be mechanical failure, such as a broken tie rod or something related to the steering. After excluding mechanical failure, I would be concerned with driver fatigue or alchohol. Driver fatigue is very high on the list of possibilities even though the accident occured shortly after his gig. One would assume Emilio had a pretty full day of activity prior to the gig itself. The band would have had setup time and sound checks. After the gig, they needed time to tear down the equipment and load the bus. By the time he got into the driver's seat, his body would be pretty tired. If you drive tired on many occasions, it is only a matter of time before you nod off at the wheel. If alchohol was involved, we all know that is unacceptable.

Having had some friends die in band vehicle crashes, I believe there are a couple things that may have prevented this particular accident. Any time a driver is responsible for a group of people, assign someone to ride shotgun. Make sure there are two people "driving" the vehicle. Casual conversation is sometimes all it takes to keep the driver alert. Having four eyes on the road helps see things that might otherwise be overlooked. When it's time to switch drivers, don't make the shotgun guy have the next shift. Change out both "drivers". If no one is capable of driving because they are too tired, pull over and take a nap.

Good luck Emilio, your family and your band!

Sara   March 27th, 2008 12:58 pm ET

Hopefully Mr. Navaira will recover ! His wife and children need him.

Leave Your Comment


 

Comments are moderated by CNN, in accordance with the CNN Comment Policy, and may not appear on this blog until they have been reviewed and deemed appropriate for posting. Also, due to the volume of comments we receive, not all comments will be posted.


subscribe RSS Icon
About this blog

Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

Contact us
  • Questions or comments? E-mail
In Session Team
Jean Casarez
Correspondent
Jean Casarez
Beth Karas
Correspondent
Beth Karas
Mike Brooks
Law Enforcement Analyst
Mike Brooks
Midwin Charles
Legal Contributor
Midwin Charles
Sunny Hostin
Legal Contributor
Sunny Hostin
Powered by WordPress.com VIP