Wrongful Death Lawsuit Filed by Family of Cyclist

Wrongful Death Lawsuit Filed by Family of Cyclist

A wrongful death suit was recently filed on behalf of the wife of a cyclist who recently passed away after being hit by a car.

San Mateo attorney, Terry O'Reilly, is representing the widow in the case against an elderly driver.

Cyclist Hit by Car

On an early spring day in 2007, Anthony Rose, 87, was driving eastbound on interstate 280.

Rodney Smith, 67, an avid cyclist was also headed east on the road, which has a wide shoulder and is a popular path for bike riders.

Rose allegedly hit and killed Smith when making an unexpected U-turn.

Police reports claim that Rose hit Smith with the front of his car, which they say is evident in the marks on the front of the driver's Volvo.

However, Rose's insurance company claims that the marks were already there and are attempting to say that the accident happened in another way.

Widow Files Suit

Mary Smith, is accusing Rose of being negligent and careless with his vehicle and is holding him responsible for the wrongful death of her husband.

According to police reports, Smith was given a vehicle code violation for making an unanticipated U-turn from the bike lane into traffic.

Lawsuit Seeks Answers

The lawsuit filed by Smith, doesn't specify an amount in damages and is not meant to be punitive, according to O'Reilly.

“I'm sure this guy feels guilty enough as it is,” says O'Reilly.

Smith does, however, hope that the lawsuit will provoke Rose's insurance company to reveal any additional information they have on the details of the accident.

(Source: The Almanac)

Do you have a loved one who has been the victim of a wrongful death? Please contact us to speak with an experienced personal injury attorney who can give you the legal guidance that you need to seek justice and get answers.

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