Family of injured tow truck driver wants charges

January 17, 2012 4:53:40 AM PST
The family of an injured tow truck driver said Monday it wants to know why Raleigh police have not charged the driver who hit him.

Eduardo Roque, 47, has had his leg amputated and was to face more surgery Tuesday.

"It's been hard, especially for me and my brothers," said Eduardo's daughter, Brenda Roque.

Eduardo was left in critical condition following an accident last Monday. That's when, according to police, Eduardo, who is an auto repair and towing shop owner, responded to a broken down car on the eastbound shoulder of Interstate 540.

Even though the tow truck's caution lights were flashing, and Eduardo was wearing a reflective safety vest, police say another driver hit him going about 60 miles per hour.

"He was still conscious when I saw him," said Brenda. "He was telling me that he felt like his leg was dying -- that he couldn't handle the pain no more."

Brenda said doctors amputated her dad's leg Saturday and were to perform pelvic surgery Tuesday.

As hospital bills continue to mount, and the family business barely gets by, Eduardo's family said he is heavily sedated, and doesn't fully understand yet what he or the family is going through.

"We are really scared how he's going to take it," said Brenda.

Seven days after the accident, police are still investigating. The wreck report shows the lane where it happened collapsing and drivers are supposed to merge, but investigators said the driver didn't switch lanes.

The family's lawyer, Eileen Mullen, said the law is clear.

"This caused serious injury to a public service vehicle operator," said Mullen, "therefore, making the driver negligent of a class one felony. Whether it be a tow truck driver, or a police officer, or an EMS personnel, we have this law for a reason."

"She does not necessarily have to go to jail, that's not what we're looking for, but my dad is going to need a lot of help," said Brenda.

ABC11 hasn't identified the driver because she has not been charged. Her insurance company won't help the Roques unless that happens.

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