The fatal accident occurred on August 4 last year when John R. Yates was riding his bicycle behind a truck when he became caught in the truck’s rear wheels. According to the police the truck turned right and ran Yates over, killing him at the scene. The family’s civil suit alleges negligence on the part of the truck driver, as well as his employer, because a surveillance video apparently showed the driver turned right without signaling. Furthermore, the family’s attorney, Steven D. Silverman, also argues that the driver “took a right turn without making sure it was clear and free of traffic—cyclists or pedestrians.”
Moreover, Silverman also contends that Yates was not at fault in the accident because he was following laws that require bicyclists to stay with the flow of traffic and to also stay as far right as possible. The trucker did not stop after running Mr. Yates over. The suit was filed in court on last Wednesday on behalf of Yates’ wife and daughter and seeks compensatory damages from the truck driver and his employer, Potts & Callahan Inc., a demolition, excavation and equipment rental company.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.