Estate of Christian Salyer files lawsuit against Recology alleging the truck driver did not signal or slow before turning

Christian (center) from a GoFundMe fundraiser for his family.

The person driving the garbage truck did not signal or slow down before turning across the 12th Ave bike lane where Christian Salyer was riding June 1, a lawsuit (PDF) filed this week in King County Superior Court alleges. The truck ran over" Salyer and killed him, the suit states. He was 30.

Salyer's estate, led by his parents and sisters, are seeking unspecified damages from Recology and its subsidiary as well as the driver Theodore Malloy. The suit includes claims of wrongful death against Recology and Malloy as well as a claim of Negligent Hiring, Retention, Supervision, Training, and Entrustment" against Recology. Recology declined to comment on the allegations, saying, Recology cannot comment on pending litigation."

The text of the suit references video evidence they say support their claim:

As Mr. Salyer was proceeding straight, established in his lane, and neared the intersection in a lawful manner and with the right of way, Defendant THEODORE MALLOY suddenly and without warning turned the Recology Vehicle to the right, across the bicycle lane and directly into Christian Salyer's path, intending to proceed westbound on East Yesler Way. Video evidence shows that Defendant THEODORE MALLOY failed to activate the Recology Vehicle's turn signal, failed to check his mirrors or surroundings, and failed to slow the vehicle before initiating the right turn.

Christian's family deserves answers about how this was allowed to happen," wrote lawyer Spencer Lucas of Panish | Shea | Ravipudi LLP in a press release announcing the suit, and they are determined to hold those responsible accountable."

If the suit's allegation that Malloy did not signal or slow down before turning hold true, that would explain a lot about how this tragedy could have happened. Experienced bike riders like Christian are certainly going to closely watch an adjacent large truck when approaching an intersection because the threat of bodily harm is big and obvious. We cannot know what was going through Christian's mind, but I would be looking for either a turn signal or any other braking or change in motion that might suggest a turn could be imminent before proceeding through an intersection. Having a truck turn without either warning sign is the stuff of nightmares. The bike lane on 12th Ave at that point is paint-only and directly adjacent to the general traffic lane without any buffer space, so there is very little lateral distance before a turning vehicle is fully within the bike lane's path. There was no margin for a driving error of the type alleged in this suit.

Our condolences to Christian's friends, family and students.