• Tara Bozick •
• Originally published January 1, 2009 at 11:45 p.m., updated January 1, 2009 at 11:45 p.m.

Bernarda Peña is thankful she's alive to ring in another New Year.

A year ago, the 51-year-old Houston woman traveled by bus to visit family in Monterrey, Mexico. During the Jan. 2 return trip home, the bus crashed, severing her dominant arm.

Today she's in church, asking God for better health and thanking Him for sparing her.

"I have given myself to God," Peña said in Spanish via a translator. "He is my right hand and I hope he can help me overcome these difficulties."

Friday is the one-year anniversary of the bus crash that killed a Houston man, injured a Victoria man and 45 others. The bus rolled over at 4:10 a.m. near the U.S. 59 and U.S. 77 interchange, a deadly tip caused by driver fatigue, an investigation found.

Since the crash, Peña's life is changed. The once-right handed McDonald's restaurant manager is still forced to lean on family for support, she said.

During Peña's recovery, her four daughters helped to bathe her and clean the house - amid doctor visits and surgeries.

Peña waits for the wounds of an October surgery to heal to be fitted with a prosthetic arm, a possibility this month or next, she said.

Last month, Peña received $1.6 million from bus operators. Forty-six of the 47 passengers filed suit against the companies and received part of a $10 million settlement.

The settlement was derived from the available $5 million insurance maintained by both International Charter Services and Transportes Chavez, companies that operated the bus. Capricorn Bus Lines, the bus owner and leaser, did not have insurance.

"It's definitely not enough," said Terry Bryant, Peña's Houston attorney. "Money is just a poor substitute for the loss that she has suffered, but that's the only system we have to recover for Ms. Peña."

Buying and replacing prosthetic arms will likely cost $1 million during her lifetime, Bryant estimates.

"If you could think about your mom having lost her arm," he said. "Imagine how devastating that would be."

Bryant and the 14 other attorneys who represent the bus crash victims are investigating the case to pursue others who may have additional liability.

As lawyers look for others at fault, a federal investigation continues to reveal alarming realities about the international bus system.

Already, investigators determined the bus was not built to U.S. standards and that companies find legal loopholes to use buses that are not allowed on U.S. highways.

Bryant said he hopes federal and state legislators and authorities crack down to prevent another bus tragedy. Bus profits should not trump passenger safety, he said.

"That story is not over," Bryant said. "I hope that this time next year, we're not talking about a case that is still not resolved satisfactorily."

The three bus companies could not be reached for comment.

• Go in-depth

  International bus charters not only operate illegally in the United States, they are used by traffickers to smuggle large amounts of drugs and cash, as well as illegal immigrants. For the ninth installment of the Fatal Funnel, the ...

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Go in-depth

International bus charters not only operate illegally in the United States, they are used by traffickers to smuggle large amounts of drugs and cash, as well as illegal immigrants. For the ninth installment of the Fatal Funnel, the Advocate looks at how this is happening - and at what's being done to prevent it. The next installment will be published Sunday, Jan. 18.

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