The family of a bicyclist who died last November after being hit by a truck is now suing the truck driver and the demolition company he works for in a wrongful death lawsuit. The complaint was filed in San Mateo County late last month. As it turns out, this is the third fatal accident the truck driver has been involved in, and this is the second wrongful death case to which he has been a party.
The accident at issue occurred in early November of last year when a 47-year-old woman was riding a bicycle on a road near Interstate 280. There were no witnesses to the accident, but an investigation by the California Highway Patrol (CHP) concluded that the cyclist was riding to the left of the truck and at some point decided to turn to the right where she was hit and run over by the truck. The woman was pronounced dead at the scene of the accident.
The family of the deceased woman disagreed with the conclusions laid out in the CHP report. According to their lawsuit, the truck driver negligently drove his truck into the path of the woman, violated her right of way, and struck and killed her. The family insists that expert testimony will dispute the CHP report and explain how the accident occurred.
With the current wrongful death suit, the family is seeking compensation for economic and noneconomic damages, which can include various expenses and lost income, as well as things such as pain and suffering and loss of companionship.
Although he has been involved in other fatal accidents, the CHP has never found the truck driver at fault for any of the accidents. However, the driver and his employer settled a different wrongful death case last year that also involved a collision with a bicyclist.
Source: San Jose Mercury News, Family of Los Altos Hills cyclist files wrongful death suit against trucker, demolition company, Jesse Dungan 12/22/10