According to The Tennessean, a Brentwood bicyclist has filed a lawsuit against a Franklin construction company and its truck driver after a near-fatal collision. Michael Montgomery, 58, filed a suit in Williamson County Circuit Court naming Civil Constructors Inc. and Curtis Tipton and Citicapital Commercial Leasing Corp as defendants. Montgomery alleges Tipton negligently and recklessly hit him with a dump truck while Montgomery was traveling westbound on the shoulder of Highway 96.
A Tennessee Highway Patrol report on the accident says witnesses recounted how the dump truck veered onto the shoulder of the road before striking the bicyclist. Tipton told police that he did not see Montgomery until he started rolling on the ground.
Montgomery was revived by good Samaritans who said that he did not have a pulse and was not breathing. He underwent emergency surgery to repair a broken pelvis and spinal fractures and to stop internal bleeding. He underwent surgery as recently as last week to repair additional damage caused by the truck accident. Montgomery feels fortunate that he is not paralyzed, even though he faces a long battle for full recovery.
The local police did not file any charges against the driver and said there was no presence of drug or alcohol. The state law requires motorists to give cyclists 3 feet of space when passing or approaching. The defendants had no comments against litigation. The lawsuit seeks unspecified damages.