A wrongful death lawsuit has been filed over an experienced cyclist’s death after a collision with a trucker who was involved in two prior fatal crashes. The mystery is what actually occurred to cause this cycling fatality. Many comments to the news stories surrounding this tragic accident ask "Why would an experienced cyclist turn into the path of a big truck on her right, especially if she was going straight and trucker was going to the right ?"
The biker’s family filed the lawsuit against the big rig trucker and his employer. The accident happened as the cyclist turned right into the path of the truck acceding to the California Highway Patrol ("CHP"). The truck driver told investigators the collision happened as he was veering right from the right westbound lane into a lane that feeds onto the Interstate. He claims to have had his right blinker on and had been looking at his right rear-view mirror. Though the CHP determined the collision stemmed from the cyclist’s unsafe turn, there were no eyewitnesses. Why the biker turned into the truck is a mystery.
According to the lawsuit filed by the bicycle rider’s family, however, there is no mystery.
The lawsuit claims: Suddenly and without warning, defendant… negligently drove the tractor trailer rig directly into the path of the bicycle thereby violating the cyclist’s right-of-way, causing her death… In a statement announcing the lawsuit, the biker’s family attorney said: "While the CHP was conducting its investigation, we brought in scientists and other experts to evaluate the circumstances surrounding [this cyclist’s] tragic death, and the team disagrees with the CHP’s conclusion as to the cause. As a result, [the family] would like a jury to hear the evidence and decide."
Her family and friends have called the mother of two an avid bicyclist. Further, she was "strong and confident on her bike, knew the rules of the road and advocated for bicycle safety." The lawsuit accuses the driver of negligence and violating the cyclist’s right-of-way. This is the third fatal collision the driver has been involved in, according to the San Jose Mercury News reports.