Mother speaks out on son killed in car/bicycle crash

Cyclists in Austin are concerned that drivers involved in crashes with bicycles have no consequences.

Three different cases where someone on a bicycle was hit by a car ended with the driver walking away without any changers.

Diana Guerreo said her 16 year old son, Brian Silva, had saved up for month to buy his very own bicycle. The day he finally got to buy it was the last day he ever rode it. 

 
"My brother was between both lanes, and she was trying to swerve around him, and when she tried to go to the opposite lane, there was another car coming, so she decided to swerve back into her lane, and when she swerved back to her lane, she ended up hitting my brother and my brother was on his bicycle," said Osman Silva, David's bother. 
 
Austin police tell a different version of the crash. They said Brian swerved into the car that was driving on Walnut Creek that night. No matter which version you believe, one thing is for sure. Brian did not survive the crash. 
 
"We don't understand why they decided not to press charges on the lady after all the information we provided them. After all the witnesses that we had, they have so many reasons to press charges on this lady and they decided not to. They just decided just to let her go, to let the case go," said Guerreo. 
 
Earlier this week, a Grand Jury decided no charges should be pressed against the driver. 
 
"It took us by huge surprise that they decided to let this case go. Like my brother's life wasn't worth anything," said Osman.  
 
"I know they have all the information that they need. All the evidence, and they still decide not to put any change on this woman. That is really frustrating.  The jury killed me again. Not only killed my family, my whole family is destroyed right now, because we need Brian with us," said Diana Guerreo,Brian's mother.  
 
Alvaro Bastidas co-founded Be Kind to Cyclists after he was involved in a car/bicycle crash.  He said unfortunately Brian's story is happening to families every day. 
 
"Every day we get in an email from someone getting hit in California, New York, whatever, where the driver walks away with no charges," said Bastidas. 
 
And with the lack of evidence against drivers involved in fatal bicycle crashes, it's sending the wrong message to everyone involved. 
 
"For us, who stay behind riding, puts us at risk. It's basically, ride at your own risk, and it shouldn't be like that. The message we're sending to drivers is, it's okay to hit a cyclist, it's ok to kill a cyclist, just get a good lawyer and you'll walk away," Bastidas said.  
 
Bastidas said his organization is fighting to change that by advocating for better evidence, more data on bicycle crashes, safer bike lanes and more consequences for drivers who hit cyclists. Because he doesn't want to hear about any more cyclists dying far too young. 
 
 "My little brother did not deserve this. He didn't deserve any of this," said Osman.  
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