FREE CONSULTATION 888-504-0157 ESPAÑOL Home About Attorneys Practice Areas Results News Blog Contact Jury Finds Delivery Truck Driver Solely Responsible for San Francisco Bicyclist’s Death Synopsis On August 14, 2013, Gilberto Orihuela Alcantar, a delivery truck driver for Daylight Foods, Inc., struck and killed 24-year-old bicyclist Amelie Le Moullac while turning from Folsom Street onto Sixth Street in San Francisco. At the time of the collision, Amelie was proceeding straight in a designated bike lane and was wearing a helmet. Alcantar had observed and passed Amelie earlier on Folsom Street, but claimed he did not see her when he checked his mirrors to turn onto Sixth Street. The collision received substantial publicity because the San Francisco Police Department initially found Amelie at fault for the collision for overtaking Alcantar’s vehicle on the right. Alcantar was later cited by the police department after the San Francisco Bicycle Collision located surveillance video showing Alcantar hitting Amelie with the front of his truck. At the time of her deposition over a year later though, the investigating police officer still maintained that she had insufficient information to determine fault. Amelie’s family alleged that Alcantar should have ensured that it was safe to turn before doing so and that he also should have merged into the bike lane instead of turning across it. Alcantar and his employer denied any responsibility for Amelie’s death. They argued that Amelie was solely responsible for her death because she was unsafely attempting to pass Alcantar on the right while he was turning. They also argued that Amelie was distracted by her use of earbuds and iPod which were found at the scene. Defense counsel argued that the burden was on Amelie to protect herself at intersections and asked the jury to return a defense verdict. Injuries and Damages: Amelie’s parents, Denis Le Moullac and Jessie Jewitt, filed the lawsuit seeking damages for the loss of their daughter’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, emotional support, counsel, encouragement, inspiration, and guidance. Amelie was unmarried and had no children at the time of her death. Plaintiffs presented evidence that Amelie was unique, or an outlier, in terms of the degree of emotional support she provided to both of her parents. Witnesses described her during trial testimony as the glue that held the family together and as the daughter that would have cared for her parents as they aged. Result: The jury determined that Alcantar was 100% negligent and that his negligence was a substantial factor in causing harm to Plaintiffs. The jury awarded $4 million to the parents. The jury also found that Amelie was not negligent. Practice Areas Construction Accidents Workplace Injuries Accidents Dangerous Property Defective Products Food Safety News Elinor Leary joins distinguished judges and seasoned trial lawyers as invited faculty for BASF’s “Women in Trial Training” Read more Eight Veen attorneys selected for inclusion to the list of 2020 Northern California Super Lawyers Read more The Veen Firm Congratulates Marian Wright Edelman and honors her commitment to the fight for social justice. Read More HOW CAN WE HELP YOU? 20 Haight Street San Francisco, CA 94102 Map & Directions Toll Free: 888-504-0157 Fax: 415-771-5845 Office Hours: 8:30am-5:00pm, Monday – Friday SCHEDULE A FREE CONSULTATION Call one of our attorneys today for a free consultation at 888-504-0157 or send us a fax at 415-771-5845. If you prefer to submit your request online, fill out our online form. REFERRING ATTORNEYS & TRIAL ASSOCIATIONS If you have a case you would like to discuss, call one of our attorneys today at 888-504-0157. If you prefer to submit your request online, fill out our online form FREE CONSULTATION 888-504-0157 © 2021 The Veen Firm, PC • All Rights Reserved Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters