Gene Toscano, Inc. represented a 52-year-old building custodian who sustained a fractured ankle after falling from his bicycle during an encounter with a VIA Metropolitan Transit Authority bus in downtown San Antonio.
The incident occurred on Market Street near the Bexar County Courthouse during midday construction, which had closed two of the three eastbound lanes. The plaintiff was riding in the far-right lane when a VIA bus attempted to pass on his left. He claimed that the right rear tire area of the bus made contact with his bicycle, causing him to fall. He also alleged that the bus ran over his foot after the fall.
The lawsuit alleged that the VIA operator attempted to pass unsafely in restricted space. The defense, however, presented testimony from both the bus driver and a nearby trolley operator, each denying any contact occurred. They maintained the pass was safe and suggested the fall occurred after the bus had already cleared the cyclist. If contact did occur, the defense argued it was due to the cyclist’s own negligence.
The plaintiff was transported to the emergency room and diagnosed with fractures to his left ankle. He wore a cast for six weeks and missed eight weeks of work, earning $7.50 per hour. His medical bills totaled $9,541. He also reported lingering ankle pain, especially after prolonged standing, and sought compensation for past pain and suffering.
Although the defense disputed liability, the jury found the bus operator negligent and awarded $15,851.09 in damages. With the addition of court costs and interest, the final judgment totaled $18,977.
This verdict provided accountability and financial support for a cyclist injured in a preventable traffic incident involving a public transportation vehicle.
