In a confidential report of this case, Mr. Doe, 47, was riding his bicycle to work in a designated bicycle lane when he was struck by a truck driven by the defendant, Roe Waste Hauling Co. The driver of Roe Waste Hauling was attempting to make a right turn into a driveway directly in front of Mr. Doe. Mr. Doe’s bicycle struck the side of the truck causing him to fall under its rear wheels. Mr. Doe died from these injuries. He had been a professor, earning approximately $85,000 per year, and was survived by his wife to whom he was recently married.
Mr. Doe’s wife sued the waste hauling company alleging that it was liable for its driver’s choosing not to avoid the collision while turning into the bike lane.
The defendant argued that Mr. Doe had been riding too fast and failed to pay attention to traffic conditions, including the garbage truck and its flashing lights.