AUSTIN -- Diana Pulido is suing the City of Austin after she was hit by a car on the hike-and-bike trail.
"The primary reason for filing this claim is to make sure that this never happens again. No one should be at risk of serious injury - or death - just because s/he chooses to walk on a city-designated outdoor track," said her lawyer. The lawsuit claims the city did not put up proper barriers in an area where the trail is very close to traffic.
On May 7, 2012 Pulido was walking eastbound on the Lady Bird Lake hike-and-bike trail that runs parallel to Cesar Chavez Road and Lady Bird Lake. Police say Joseph Louis Rosales was driving a 1995 Hyundai Accent under the influence of Xanax. The passenger in Rosales' car says Rosales was falling asleep and drove off the road onto the trail. The car struck Pulido and killed 80-year-old Retired U.S. Air Force Colonel John Griffith.
Pulido was rushed to Brackenridge Hospital where she underwent several surgeries. She's still undergoing physical therapy. KVUE reporter Jessica Holloway was with Pulido when she returned to the trail for the first time.
"Whoo, I feel great. This is awesome," said Pulido. She carefully took one step at a time along the trail, walking just a few feet.
"I can't run. I probably will never run again. I can swim! I love swimming," said Pulido.
Her lawyers say a 2011 traffic study show that approximately 38,000 cars per day travel this section of roadway.
Puldio wore her same shoes, same belt and same sunglasses that she wore the day of the accident.
"I just need to move forward. Some days are better than others. In the big scheme of things, I'm going forward. You gotta take baby steps," said Pulido.