Matthew Leger has just finished work and was waiting for a bus ride home when his life changed forever.
Leger, a waiter and busboy, was seated at the Bellaire Transit Center on Bellaire Boulevard near the intersection of South Rice Avenue around 11 p.m. Aug. 22, 2019, when an out-of-control METRO bus slammed into the center, injuring Leger and another person awaiting a ride. Leger suffered broken ribs, arms, vertebrae, clavicle, a bruised lung and other injuries and was taken to Memorial Hermann Hospital.
When he awoke, he didn’t know what had happened, and nearly a year later, the impact on his life is still felt.
“It was a horrible experience, and he’s going to have problems the rest of his life,” said his lawyer, Matthew Willis of Houston. “He’ll never be the same.”
Leger, 36, still has trouble moving one of his arms and has been unable to find work. His medical bills totaled $450,000 and he had no insurance.
But since he was not at fault, that shouldn’t have been an issue, right?
Wrong.
Under the Texas Tort Claims Act, the state has a limit on how much government agencies have to pay in such incidents, according to Willis. It’s $300,000 per case, with a maximum of $100,000 per person.
Willis told Lone Star Standard that the hospital was willing to settle for less, so when Metro agreed to a $100,000 settlement, some of Leger’s medical bills were covered. However, he still has costs related to follow-up medical appointments as well as prescription medications.
A GoFundMe page set up for him provides additional information.
“He is looking at a long road to recovery and still is unable to work or receive medical insurance. He has filed for disability, was denied, and is currently in the appeals process,” the page states. “For Metro to claim that Matthew's hospital bills were paid in full by them is very misleading and adds further injury to Matthew’s already damaged mental and physical state. He is currently suffering from PTSD and depression due to the trauma of being hit, dragged, and trapped underneath a 20-ton city bus.
“He is unable to afford therapy, as he is still, 10 months later, unable to work or to obtain medical insurance. He has had to delay further surgeries to repair the damage done to him by Metro because of his current state. Matthew is in medical debt, regardless of the amount he received from Metro due to the limitations of the Texas Tort Claims Act.”
Willis said Leger was able to keep a small portion of the settlement but not enough to make up for the lost income as well as the pain and suffering.
Willis wants to see the Texas Legislature remove the immunity granted to common carriers like buses, and require such transportation services to carry insurance to cover such accidents. That might raise the cost of a ticket by 50 cents to a $1, he said, but it also would mean victims of such accidents are made whole for their injuries.
