"That driver could have been of the streets, he wasn't off the streets, and as a result, my client has no leg, pretty serious," said Daniel Marchese, the victim's attorney.
There has never been any debate that 23-year-old Sian Green lost her leg after being hit by a cab back in August, and Mohammed Himon was behind the wheel.
He walked away with a 30-day suspension from the TLC. It's something Green, who spoke to Eyewitness News upon her release from Bellevue, can't do yet.
"I just said, 'Please save my leg', but there was nothing they could do," Green said.
But Green's attorney, Daniel Marchese, thinks something could have been done to prevent the accident, suspending Himon's license which had seven points on it.
Police say Himon engaged in a road rage with a bike messenger, jumped the curb, and hit Green on West 49th and 6th Avenue. The TLC later admitted because of a computer glitch, it didn't realize at the time that Himon and about 4,500 cabbies shouldn't have been on the road. That's why Marchese filed notice to the TLC, the city, and DOT of an impending civil suit worth up to $27.5 million.
"I think to her, her leg and not having it has no value, she's not looking for money, she's looking for justice," Marchese said.
Justice she didn't get from the Manhattan DA's office.
"Because there was nothing filed against this driver, they're very, very distraught about it, they're not happy about it, they're outraged," Marchese said.
A spokesperson from the city's law department said they will review the claim.