After crashing into creek last September, Roy Ortiz may sue his rescuers and others for $500,000 for not noticing him faster.
ABC News, his attorney Ed Ferszt filed an intent to sue the county of Boulder and his rescuers for a tentative half a million dollars.
Ferszt said the county should have closed the road during floods in September. He said the first responders were also included because they did not realize Ortiz was trapped in the car until they prepared to lift it out of the water.
"He was not seen or it was assumed no one could have survived it," Ferszt said. "No one discerned he was there."
The accident happened Sept. 12 when Ortiz was driving to work, hit a washed out portion of a local road, which sent him plunging into a nearby creek.
Ortiz found a small air pocket in the back of his car where Ferszt said his client spent two hours waiting for rescuers. Since the incident, Ortiz racked up $40,000 in medical bills and still has health problems and trouble sleeping.