A wrongful death lawsuit has been filed by the estate of a deceased cyclist in Maryland against a truck driver and his employer after the driver accidentally hit and killed a bicyclist last summer. The 67-year-old biker became caught in the rear wheels of the truck as it made a right turn. The civil lawsuit claims that the driver was negligent because he failed to signal for the turn and did not look to see if “it was clear and free of traffic – cyclists or pedestrians.” The lawsuit alleges driver negligence and is seeking $5 million in damages according to the Baltimore Sun.

The biker was riding his bike south on Maryland Avenue behind a truck when he became caught in the vehicle’s rear wheels and was run over as it turned right on Lafayette Avenue, in the Charles North neighborhood, police said at the time. The bicycle rider died at the scene. The attorney representing the biker’s family, contends that the truck driver and his employer were negligent because a surveillance video shows the driver turned right without signaling. Also, “he took a right turn without making sure it was clear and free of traffic – cyclists or pedestrians,” added plaintiff’s counsel. Furthermore, the lawyer for the cyclist contended that the rider was not at fault because laws require bicyclists to stay with the flow of traffic, as far to the right as possible.

But investigators found that the cyclist was at fault because he was riding in parking lanes and tried to pass the truck on the right, which is illegal in Maryland, according to a city police spokesman. Police investigators concluded that the biker drove into the truck. No charges were filed against the trucker. The truck, a loaded fuel tanker, did not stop after the accident, but investigators do not believe the driver was aware of it. According to the accident report, police found a vehicle two days after the collision at a Falls Road service yard that matched the one in the surveillance video. DNA testing of hair and blood on the truck’s tires confirmed that the samples belonged to the Defendant truck driver, however, according to a police spokesperson, “it was inconclusive as to what caused the accident.”