On May 8, 2018, the Court granted our Temporary Restraining Order on the dump truck/bicycle fatality crash that happened just outside the gates of Rice University at Sunset and Main. This order requires the dump truck owner/operator to immediately remove the dump truck from service and preserve it and all evidence in it’s current condition, without any alteration, modification or change. It allows our lawyers and our experts to fully inspect the dump truck and the engine control module to determine the speed of the dump truck when it overtook Sudipta’s bicycle and turned in front of her – the “right turn hook.”
Says Kwok, “We are pleased the Court ruled in our favor granting the temporary restraining order. Now we will have full access to the dump truck and intend to show the dump truck never stopped or took evasive action before overtaking Sudipta and causing this crash. We agree with the Houston Police Assistant Chief that Sudipta was in the crosswalk, on a Walk signal, lawfully in the intersection – when the truck whipped around and hit her – what bicyclists call a “right turn hook.” If the truck’s speed is in excess of 20mph at the point of impact in the crosswalk, then the truck never stopped at that intersection, he had a green light for awhile and made one fluid motion from Sunset onto main without stopping. There’s not much the bicyclist can do at that point, the faster/heavier vehicle always wins.”
For signed TRO please click HERE.