Bicycle Austin forum

giovaniortiz

Newbie

Registered: 2013-09-18

Posts: 1

Cyclist Awareness Benefit 9/29/13 my legs broken by uninsured motorist

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

===========================================

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.

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,455

Website

Re: Cyclist Awareness Benefit 9/29/13 my legs broken by uninsured motorist

Hi Giovani, and thanks for posting this.  That's absolutely horrible what happened to you, and the insult to injury is that you're not getting help from the police.  It's often hard for cyclists to get justice.  I hope that changes, and in the meantime, I hope there's a big turnout for your benefit.

AusTexMurf

Member

From: South Austin

Registered: 2008-11-21

Posts: 439

Re: Cyclist Awareness Benefit 9/29/13 my legs broken by uninsured motorist

Giovani,

Sorry to hear about your situation. Your accident occurred right in my neck of the woods, so to speak.
Make sure I am getting this right.
You left Walgreens, headed south on S 1st. Only one block south to Bramble, which is only a left hand turn, or east bound street.
How did the truck hit you ?
Was he turning left into the walgreens' parking lot ? Or perhaps the church ? No other driveways or intersections on the west side of s 1st.

Or,

Were you hit when turning left, east bound, on Bramble, when crossing oncoming traffic ?

Anyway, doesn't really matter now. Just having a hard time picturing what went on.

Since S 1st can be pretty unfriendly and the distance from walgreens to bramble is only a block......
Sometimes I choose to ride salmon on the sidewalk of S 1st after crossing at the light.....if I have kids with me.
Or the sidewalk on the west side of S 1st, then cross at 90 degrees when there is a hole in traffic.
Or, you can go behind walgreens, through the neighborhood, out to Turtle Creek which turns into flournoy when you cross at the light.
Any street back north to get you to bramble.

Anyway, S 1st can be a nasty part of town for cyclists.

Sorry to hear that you were a victim.

Similar situation here.
Hit on Congress, in the bike lane, north of Stassney.
Woman had no drivers license, no insurance, no english, no nothing. But had three screaming kiddos in the car with her.
And she attempted to run after the accident.
Cops did nothing but insult me. Let her go. No ticket, no warning, no nothing. She never paid me a penny for damages, either.
And one of the officers told me not to ride bikes on congress.
Wow.

I wasn't hurt as badly as you.
But my watch and laptop were broken.
Wheel taco'ed, broken shifters.
And I had massive surgery to repair torn MCL and torn meniscus in my left knee.

Wish you the best.

Will try my best to make it to your benefit.
Hope you are feeling much better, now.
Ride safe.
Have fun.

Last edited by AusTexMurf (2013-09-21 14:49:05)