Bicycle Austin forum

Cyclist Awareness Fundraiser
to benefit Giovani Ortiz
featuring MEGABIG
Sunday September 29, 2013
3:00 - 8:00 PM, live music at 6:00 PM
hosted by Micklethwait Craft Meats
1309 Rosewood Avenue - Austin, TX

Barbecue, beer, raffle, silent auction, bake sale, handmade Alaskan crafts, local artist showcase, fun and games for all ages.

https://www.facebook.com/events/1601604 … ?ref=br_tf
http://www.razoo.com/story/Juan-Giovani … ninsured-1

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It was Sunday night on May 5, 2013 that my life changed for ever.

I left Walgreen's on South First and Stassney at 8:40 PM and headed towards Bramble Road to a friend's house. At 8:45 on South First and Bramble I was struck, head-on, by a white truck being driven without any insurance. The impact broke my legs and sent me flying over the truck. I landed in the truck bed with two broken femurs, broken left tibia and fibula, cut-up nose, cracked tooth, sprained neck and thumbs, and all of my wits about me. The driver stepped out of his truck while on his cell phone, yelling to his wife in Spanish that the truck was messed up in front and complaining about the cost of damages. He didn't see me, didn't know that he had hit a living, breathing person until he heard me rustling in the back trying to straighten my legs and crying for help.

He did not call the police. He tells me now that it was my fault, my light was too dim. He refuses to take responsibility for his actions and is convinced I am the one responsible for the accident.

The state tells me they haven't gone after the driver for criminal negligence because there was no witness. I don't understand how I don't count as a witness and how driving a weapon without insurance doesn't count as criminal negligence in itself. Had I died would he still be able to drive around, uninsured and scot-free?

I am perplexed by the fact that in Texas there is no way for a civil lawsuit to end in one party garnishing the other party's wages. The uninsured driver of the truck who hit me is also unemployed and owns no assets, therefore I have been advised by four different lawyers to not pursue a lawsuit. The only way there could be a lawsuit to garnish wages, as I understand it, is if Texas state decided to file a lawsuit against the driver. The state is telling me it's up to my lawyer. None of this makes sense.

I'm stuck in a weird place where I can't access disability benefits because I haven't been out of work twelve months and I don't quite qualify for unemployment until I am able to work again in September.

This is my situation. Thank you for listening. I cannot do this alone.