AUSTIN, Texas - One of the victims in a car crash that injured 11 people is suing the two drivers involved.
Jesus Raul Moncada was waiting for his ice cream outside the Holla Mode food truck when a speeding truck T-boned a car turning left off of Barton Springs Road. The truck pushed the car into a crowd of people standing outside the food truck.
"He’s in a lot of pain, he’s still having some headaches, dizziness, blurred vision," said Moncada’s attorney, Brad Bonilla, in an update on Thursday.
According to the police report, the driver of the truck admitted to going 50-60 mph in a 35 mph zone.
"There wasn’t a speeding ticket, there wasn’t a ticket for failing to yield, there wasn’t a misdemeanor reckless driving charge, and the police report doesn’t even show that anybody got drug or alcohol tested," said Bonilla. "At a minimum this meets the definition of misdemeanor reckless driving charge."
Bonilla believes the only set of cards they have left to try and obtain justice is civil litigation.
The lawsuit, filed Wednesday, states that Moncada "sustained severe and debilitating injuries" due to "negligence and gross negligence."
It asks for up to a million dollars in damages.
"We set the price of life," said Bonilla. "It’s important to set the price of life high to hold wrongdoers responsible so that people will be deterred from engaging in that conduct."
Bonilla said legally he doesn’t think the City of Austin can be held liable, but he does hope they take what happened into consideration going forward.
Currently, the City’s Mobile Food Vendor Operational Permit Application doesn’t require details of location beyond the address.
"You have to have some safety perimeters where food trucks can’t pop up 10 or 15 feet away from the curb of a high traffic roadway," said Bonilla.
FOX 7 reached out to Austin Police Department for an update on the case on Thursday. A spokesperson for APD said there was no update to provide.
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