Open Season on Motorcycles and Bicycles

[XLFD]

SANTA CRUZ — Last year, Taylor Tolleson missed the Tour of California because he was racing in the Tour of Qatar.

This year, the 25-year-old won't take part in the race because his professional cycling career is over.

Tolleson suffered a brain injury and a broken vertebra just before midnight July 23 when he was involved in a hit-and-run crash on Highway 1 near the Fishhook.

On Thursday, Tolleson sued the suspected hit-and-run driver, Aptos resident Thomas John Legan, 25, and his father, Thomas Louis Legan, a Capitola periodontist who was the registered owner of the car.

The tort claim, filed in Santa Cruz County Superior Court, seeks an unspecified amount of damages for past and future medical costs, lost wages and the long-term impact of the brain injury Tolleson suffered in the wreck.

"It's one of those things. You wish you weren't in this position to begin with," Tolleson said, "but since you are, you want what's fair." Tolleson was riding his motorcycle north on Highway 1 — heading back to his Santa Cruz home after having dinner with his parents in Aptos — when a speeding Audi hit him from behind. Tolleson was pinned under the car, then spit out and left in the fast lane of the highway, according to the California Highway Patrol crash report.

After the Audi hit Tolleson and fled, another driver called 911. Tolleson was flown to Santa Clara Valley Medical Center.

CHP officers found the wrecked Audi abandoned in a parking lot near Graham Hill Road and Ocean Street about two hours after the crash. The car was impounded. Later, CHP officers searched the Audi and found two prescription drugs in the younger Legan's name: dextroamphetamine, which is used to treat ADHD and narcolepsy, and Subutex, treatment for opiate addiction, according to court documents.

The Legans could not be reached to comment Friday.

Tolleson's attorney, Richard Alexander of San Jose, claimed in court papers that the younger Legan was a drug addict who wrote about abusing Oxycontin and other prescription medications on his Facebook page.

The younger Legan turned himself in to the CHP at the end of July. He was arrested on suspicion of felony hit-and-run, then posted a bail bond and was released from County Jail.

He was not charged criminally, according to court records. However, District Attorney Bob Lee said he spoke with the CHP this week about reopening the investigation. Lee said he was unaware of the civil lawsuit when he decided to take a second look at the case.

The younger Legan also has several speeding tickets and was arrested on suspicion of driving under the influence in December, but pleaded to a lesser charge of reckless driving, according to state Department of Motor Vehicle records.

Early on, Tolleson's family was optimistic about his chances of making a full recovery.

But Tolleson will watch the Tour of California Stage 3 finish at the Santa Cruz Beach Boardwalk on a TV at The Spokesman Bicycles on Tuesday. Working at the downtown bike shop is as close to cycling as Tolleson gets these days.

"I'm really not at a place I thought I would be in a year," he said.

For example, the brain injury has caused memory loss and mood swings. He said he has trouble focusing. The fracture of his L1 vertebra is healing, but it hurts when he hunches over on a bike for a long ride.

"Yes, I can ride a bicycle. No, I cannot continue training on my bicycle as I used to," Tolleson said. "This sport was my passion, the love of my life. I felt so lucky that I got to do what I love for a living every day and all that got taken away from me in the blink of an eye."

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This driver, Legan, continues to be able to drive after ruining the career of an aspiring bicyclist riding his motorcycle legally on the highway.  His past DUI reduced to reckless driving, speeding tickets, and felony hit-and-run episode on Tolleson led to... him not being charged criminally.  This is one of many stories where a biker or pedestrian is seriously or fatally injured due to the reckless actions of motorists and the motorist gets off.  Hopefully, he will be criminally and civilly charged in the future, but this rarely happens when a vehicle hits a BMP. 

[AQUAMAN]

Very sad story indeed. Legan should be in prison, for felony DUI/OUI and be sued to bankruptcy. Tolleson will live with this tragedy the rest of his life, and a shallow life at that now since this horrific accident. I hope people look at this and think when they drive, MOTORCYCLES are out there, please use caution and yield, we have no real protection in accidents.

[XLFD]

The "I didn't see them" defense always works for when you run over a bicyclist or motorcyclist; just remember you always have to stop when you hear that bump and see people flying, for if you don't you could be charged with hit-and-run, which can be a misdemeanor or felony.