Via The Baltimore Sun:
The family of a bicyclist who was killed last year in a collision with a truck on Maryland Avenue has filed a wrongful death suit against the driver and his employer.
On Aug. 4, John R. “Jack” Yates, 67, was riding his bike south on Maryland Avenue behind a truck when he got caught in the vehicle’s rear wheels as it turned right on Lafayette Avenue, police said at the time. He died at the scene.
The civil suit, filed Wednesday in Baltimore City Circuit Court on behalf of Yates’ wife, son and daughter, seeks $5 million in compensatory damages for negligence by driver Michael Dale Chandler of Severn and Potts & Callahan Inc. The demolition, excavation and equipment rental company is located on Lafayette Avenue.
Baltimore police investigators determined that Yates was at fault because he was riding in the parking lanes and tried to pass the truck. No charges were filed against Chandler.
But Steven D. Silverman, the attorney representing Yates’ family, said that the driver and his company were negligent because a surveillance video shows he turned right without signaling.
Also, “he took a right turn without making sure it was clear and free of traffic — cyclists or pedestrians,” he said.
The lawyer also argued that Yates was not negligent because statutes governing bicyclists require them to stay with the flow of traffic, as far to the right as possible.
“That’s exactly what Mr. Yates did,” he said.
More here, and, I’m sure, terrible comments from all the jerks in the state.
Have I just been living under a rock, or is this the first time it’s been made public that it was Potts & Callahan’s driver who was driving the truck?
I’m glad that Mr. Yates’ family is sticking to it, since it seems like the Police gave up.
5 comments
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03.04.10 at 2:07 pm
Liam
This is also the first time I heard it was a Potts and Callahan truck.
03.04.10 at 4:17 pm
Johnny
I usually try not to read those comments, but there are some cyclists and bike sympathizers giving hell to the reactionary morons on there. I’d urge anyone to go give them some hell, too. I saw comments from a few readers on there already.
03.04.10 at 6:03 pm
Si
Isn’t the hit and run enough to make this a crime? When did the driver’s identity become public?
03.04.10 at 6:11 pm
Johnny
First time I ever heard his name, too.
If I understand correctly, the police watched a video, talked to the driver, took his word for it that he SOMEHOW didn’t know he hit someone and declined to prosecute. Bizarre. I’m glad his family’s seeking some kind of justice.
03.04.10 at 6:47 pm
Eric in Mt. Vernon
I lose faith in humanity every time I read the comments after a Baltimore Sun on-line article.
Yeesh.