Lawsuit filed against Lyft after man dies in motorcycle crash

A memorial was placed on Royal Crest Drive after motorcyclist Robert Wenzel crashed into a utility pole and died Saturday evening, but what police said caused the crash is being disputed by an attorney representing Wenzel's wife.

“It appears the motorcyclist was traveling southbound on Royal Crest Drive. It's unclear whether or not he struck another vehicle, but the motorcyclist lost control, came off his bike and possibly hit a tree and then landed in the ditch,” Austin Police Officer Christopher Irwin told FOX 7 Saturday. 

“The only witness that I know of that actually saw this happen doesn't claim it that way,” said attorney Robert Melendez. 

Melendez said Wenzel, who was following a truck, swerved to avoid a Lyft driver that was stopped in the traffic lane on Royal Crest Drive.

“The truck swerves to the northbound lane revealing this obstruction in the roadway, which is the Lyft vehicle, Mr. Wenzel also tries to swerve, hits a bump in the road, loses control of his motorcycle, hits a pole and then he passes,” said Melendez. 

Lyft sent us this statement regarding the crash: "Our heartfelt sympathies are with the family and loved ones affected by this accident. We are available to assist the authorities in their investigation."

After investigating, police reported Wenzel hit a dip in the road and lost control of his motorcycle driving into the curb and then into a utility pole.

“I don't know why the police either haven't spoken to the witness or either found that statement to be credible, about the swerving of the truck and the placement of the vehicle in the roadway, but the pictures don't lie,” Melendez said.

Melendez filed a lawsuit for Wenzel's wife against Lyft and the driver of the vehicle.

“I have pictures from the scene and you can see the pink decal that is the Lyft symbol in the windshield of this vehicle,” said Melendez. 

Melendez said if the driver hadn't been dropping off or picking up Lyft passengers in a travel lane, Wenzel might still be here today.  His client is seeking $1,000,000 financial compensation for the loss of her husband.

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