– Video Footage Taken Moments Before Martin Nelis was Killed
is Made Public
– As Summer Approaches, His Family Urges California Drivers to
Follow the State’s “Three Feet for Safety Act” When Sharing the Road
with Cyclists
SAN FRANCISCO–(BUSINESS WIRE)–The family of Martin Nelis, a 54-year-old resident of Pleasant Hill who
was struck and killed by a commercial truck last year while bicycling
during his lunch break, has filed a wrongful death lawsuit against the
truck’s driver and several related companies.
The accident occurred on August 2, 2018 on Reliez Valley Road, a
two-lane road winding through residential neighborhoods in Lafayette. As
the truck driver attempted to pass Nelis, the trailer it was pulling
struck the cyclist, running him over. The truck driver, who claims he
was unaware of the accident, drove on, dragging Nelis’ bicycle beneath
the truck for more than a mile. Nelis was treated on the scene by
emergency responders and taken to a nearby hospital where he was
pronounced dead.
The lawsuit, case number RG19019478, was filed in the Alameda County
Superior Court against the truck’s driver, Jagmeet Singh Hundal, and
companies including Hundal G. Trans, Inc., Greg’s Trucking Service,
Inc., Advanced Pipeline Services, Inc., Hawk Builders, Inc. and
Signature Development Group, Inc. The plaintiffs are Martin Nelis’ three
adult children, Aidan Maguire, Fiona Nelis and Deidre Nelis, as well as
his estate. They are seeking compensatory damages based on hospital and
medical expenses, general and property damage, and prejudgment interest
pursuant to law. They are represented by J. Kevin Morrison and Joshua D.
White, partners at San Francisco-based law firm Altair
Law LLP.
Today, for the first time, home surveillance video footage that captured
the truck attempting to pass Nelis moments before the accident occurred
has been made public. The video, which was provided to law enforcement
following the accident, along with the law enforcement investigation
conducted by the Contra Costa County Sheriff’s office, point to the
truck passing Nelis with little room to spare between them. This would
be in violation of California’s Three
Feet for Safety Act (Vehicle Code Section 21760), which requires
that drivers allow a minimum of three feet between their vehicles and
cyclists.
Furthermore, the truck driver violated the conditions of a construction
permit by driving on the road where Nelis was killed. The driver was
performing work for the Hylands Collection, a luxury housing development
in Lafayette. The County issued building permit obtained by developer
Signature Development Group, Inc. required that construction and large
commercial vehicles access the site via specific roads suitable for
commercial truck travel – which did not include the stretch of Reliez
Valley Road where the accident took place.
“Martin’s tragic death was entirely preventable. My clients’ father was
out enjoying a beautiful ride on a road he and countless others had
safely biked many times before. The defendant was prohibited from
driving his enormous commercial truck and trailer combination there, but
that didn’t stop him. Nor did he adhere to California’s Three Feet for
Safety Act and allow Martin a minimum cushion of three feet when
attempting to pass him,” said Morrison. “The devastating result shows
just how important it is for drivers to be aware of and adhere to the
Three Feet for Safety Act.
While we can’t bring back Martin, through this lawsuit we intend to
obtain justice for his family and send a strong message to all drivers
that giving cyclists just a few feet of space saves lives.”
“Furthermore,” White added “the developer and general contractor
promised the County when it was granted the permit to build the Hylands
that this section of Reliez Valley Road would not be used by
construction vehicles, but they failed to make sure that happened,
contributing to Martin’s death.”
“My sisters and I are devastated by the loss of our father. We miss him
every day,” said Aidan Maguire. “Our aim with this lawsuit is not only
to hold those who broke the law responsible for our father’s death, but
to raise awareness about how drivers can ensure the safety of cyclists
sharing the road. Adhering to the Three Feet for Safety Act is one
important way. We hope no other family will ever have to experience what
we have been through.”
California’s Three Feet for Safety Act was passed in 2014. Still,
serious bicycle accidents are pervasive in California. The National
Highway Traffic Safety Administration reported
147 fatalities among cyclists in the state in 2016, the highest number
killed in 10 years.
Martin Nelis was a loving father of three and very active in the
community, serving as the Public Information Officer for the City of
Pleasant Hill, Calif. since 2007. His obituary can be read here.
Attorneys for Plaintiffs
J.
Kevin Morrison and Joshua
D. White are attorneys at San Francisco-based Altair
Law LLP, a law firm that has successfully handled hundreds of
personal injury and workers’ compensation cases. Morrison, who has more
than 25 years of experience, has been recognized as one of the top trial
lawyers in the state. White, with 15 years of experience, is
acknowledged as one of California’s premier attorneys in complex
catastrophic injury and wrongful death cases.
Contacts
Nick Gaffney
Zumado Public Relations
[email protected]
415-732-7801
