JURY AWARDS $4 MILLION TO FAMILY OF BICYCLIST KILLED
BY TURNING TRUCK. FOLLOWING LE MOULLAC’S DEATH, THE
SAN FRANCISCO POLICE DEPARTMENT WAS CRITICIZED FOR HOW IT HANDLED THE
INVESTIGATION AND FOR APPARENTLY DERISIVE REMARKS THAT A POLICE SERGEANT MADE
AIMED TOWARD BICYCLISTS AT A MEMORIAL EVENT A WEEK AFTER LE MOULLAC DIED.
SAN FRANCISCO (BCN)–The family of a 24-year-old
woman who was fatally struck by a truck while riding her bicycle in San
Francisco’s South of Market
neighborhood in 2013 was awarded $4 million by a San Francisco Superior Court jury on Thursday.
neighborhood in 2013 was awarded $4 million by a San Francisco Superior Court jury on Thursday.
A San Francisco jury found the driver of the big-rig
truck, Gilberto Alcantar, negligent for striking and killing Amelie Le Moullac,
who lived in San Francisco and worked at the San Francisco office of the
marketing firm Voce Communications.
Micha Liberty, the attorney for the Le Moullac
family, said that there is legislation that can be created to ensure this
doesn’t happen again.
She urged lawmakers to require commercial drivers be
trained to drive on streets shared with bicyclists.
“No amount of money is going to compensate for the
loss of life of this remarkable young woman,” Liberty said.
Le Moullac was killed during her morning commute on
Aug. 14, 2013, when a truck made a right turn and struck her at the corner of
Sixth and Folsom streets.
On Thursday, the trial of a wrongful death suit
filed by the Le Moullac family against Milpitas-based Daylight Foods Inc., the
produce company employing the driver, concluded with a jury verdict in favor of
Denis Le Moullac, the father of Amelie Le Moullac.
Judge Newton J. Lam presided over the trial.Liberty
said $3 million was awarded to Amelie Le Moullac’s mother and $1 million was
awarded to her father.
Following the collision, the driver was not
initially cited. However, a San Francisco Bicycle Coalition member found
surveillance video of the crash and turned it over to investigators leading the
driver later to be found at fault and cited.
The SF Bicycle Coalition released a statement
following Le Moullac’s death saying, “These tragic crashes are not accidents.
With thoughtful engineering of our streets, data-driven enforcement of the most
dangerous behaviors, meaningful education and through investigation and
prosecution, we can reduce and eventually eliminate all traffic fatalities.”
The SF Bicycle Coalition said it was “deeply
troubling” that charges were not filed by the District Attorney’s Office.The
bicycle advocacy group called on city leaders to fund the San Francisco
District Attorney’s proposed Vehicular Manslaughter Unit, which would have
consisted of a prosecutor, an investigator and a paralegal.
The San Francisco District Attorney’s Office
proposed a specialized Vehicular Manslaughter Unit in last year’s budget, but
it was not included in San Francisco Mayor Ed Lee’s budget, according to San
Francisco district attorney’s spokesman Max Szabo.
Liberty said the Le Moullac family was “saddened by
the fact that there were no criminal charges brought against Mr. Alcantar” by
the District Attorney’s Office.
She said the lawsuit filed by the family was a final
attempt at justice.
According to Liberty, the defense attorney denied
his client’s responsibility for the collision and continually blamed Amelie Le
Moullac for own death throughout the trial.
Liberty suggested that a commercial license and
training be required for anyone operating large trucks. She said that
Alcantar was not required to have a commercial license, because he was driving
a truck that weighed less than 26,000 pounds, and according to the California
Department of Motor Vehicle’s regulations, anyone with a regular Class C
driver’s license can drive such a truck just as they can drive a 3,000-pound
Toyota Prius.
However, if the truck weighs above 26,000 pounds, then a commercial license is required.
However, if the truck weighs above 26,000 pounds, then a commercial license is required.
The California DMV website states, “it takes special
skills and a professional attitude to safely operate large trucks and buses” and
that commercial drivers are tested on how to safely drive at night, how to
handle “offtracking,” which is a long commercial vehicle’s tendency to swing
wide on turns, and how to deal with a commercial vehicle’s large blind spots.
Following Le Moullac’s death, the San Francisco
Police Department was criticized for how it handled the investigation and for
apparently derisive remarks that a police sergeant made aimed toward bicyclists
at a memorial event a week after Le Moullac died.
San Francisco police Chief Greg Suhr apologized
numerous times on behalf of the sergeant in the weeks after the fatal crash and
said the incident would be reviewed by the city’s Office of Citizen Complaints,
which handles reports of police misconduct.