Man paralyzed in motorcycle accident files lawsuit against San Jose, Santa Clara County, CalTrans

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SANTA CLARA COUNTY, Calif. - A man who was left paralyzed after a motorcycle accident last June has filed a lawsuit against the city of San Jose, Santa Clara County, and CalTrans.

Jeffrey Garmany and his Wife Laura Garmany allege that the crash occurred because the city of San Jose and other public entities failed to properly design, maintain and control the intersection where he was struck by a car.

"Public entities have a duty to ensure that roadways are safe for the people who use them,"  Mary Alexander, Garmany’s lawyer said in a statement. "Here, the City knew, or should have known, that this intersection posed a serious risk, yet failed to take corrective action."

Hit-and-run survivor's shares his story and cautions drivers

A San Jose man who is now paralyzed after a hit-and-run crash shares his story and message for drivers.

The crash

What we know:

Garmany was riding his motorcycle westbound on Fruitvale Avenue when a driver traveling southbound on Corlista Drive made an illegal U-turn directly into Garmany’s path. Garmany collided with the vehicle and was thrown from his motorcycle.

The collision fractured Garmany’s neck and spine, punctured his lung, broke his ribs, and gave him extensive lacerations and abrasions. He was left paralyzed from the neck down.

The driver, later identified as Misael Lara-Moya of San Jose. Lara-Moya fled the scene and later reported his vehicle as stolen. Investigators determined he was at fault for making an illegal U-turn. He was later arrested and booked on suspicion of felony hit-and-run.

"This was a completely preventable crash," Alexander said. "Our client did everything right. He was riding safely and lawfully, and his life was permanently altered because the city created a disaster waiting to happen, and because of a dangerous roadway."