The wife, son and daughter of a cyclist killed in a bicycle accident last August in Baltimore have filed a civil wrongful death lawsuit seeking $5 million in damages from the driver of the truck that allegedly ran over the cyclist, and his employer. The accident was a hit-and-run, but was caught on camera by nearby surveillance tape.
According to the Maryland attorney representing the victim's family, the truck driver and his employer, a demolition, excavation and equipment rental company, were negligent because the driver turned without signaling or making sure traffic was free of cyclists or pedestrians. The attorney also contends that the victim, John R. "Jack" Yates, 67, was not at fault because he was staying with the flow of traffic, as far to the right as possible. Police investigators contended that Yates was at fault for riding in parking lanes.
An attorney for the truck driver's employer said the vehicle that struck Yates was not a company truck, and that testing of blood and hair found on the truck returned "inconclusive" results. The truck did not stop after the accident, and investigators believed the truck driver was not even aware that he had run over Yates.
Yates' death was a factor in the passing of a law in the Senate requiring motorists to stay three feet away from cyclists in Maryland.
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