While prosecutors mull whether to charge a big-rig driver in connection with last month's fatal collision with a bicyclist in South of Market, the parents of the victim filed a civil complaint this week against the man and his employer.
The complaint, which is a precursor to a lawsuit, was filed Tuesday in San Francisco Superior Court against Milpitas-based distributor Daylight Foods Inc. and one of its drivers, Gilberto Oriheula Alcantar.
The complaint alleges Daylight Foods was negligent in the hiring, training and supervising of Alcantar, who was behind the wheel of the truck that killed 24-year-old Amelie Le Moullac on Aug. 14.
About 7 a.m. that day, police said, Le Moullac was cycling to work in the bicycle lane on Folsom Street when she was struck by Alcantar, who was trying to make a right turn from Folsom onto Sixth Street. Le Moullac later died from her injuries at San Francisco General Hospital.
Police eventually determined that Alcantar was at fault for the crash after receiving video of the incident that was discovered at a nearby auto shop by members of the San Francisco Bicycle Coalition.
Micha Star Liberty, the attorney for Le Moullac's family, told KGO (Ch. 7) that Alcantar took the right turn too fast and failed to get into the bike lane before turning right, which is proper procedure.
Tuesday's complaint, filed on behalf of the cyclist's parents, Denis Le Moullac and Jessi Jewitt, claims that negligence by both Alcantar and Daylight Foods caused their daughter's death.
The complaint seeks compensation for the grief the family has suffered, funeral costs and other monetary losses.
The Police Department has faced heat over the incident after an officer initially blamed the collision on the bicyclist and for failing to obtain video of the incident through its own investigative efforts.
As for criminal charges against Alcantar, Assistant District Attorney Alex Bastian said, "The San Francisco Police Department has delivered a preliminary investigative package and we are in the process of reviewing it to determine what additional investigation is necessary."