Attorney Mary Alexander of Mary Alexander and Associates P.C., announced that her law firm filed a civil suit on behalf of the family of Dylan Taylor in San Mateo County Superior Court with a demand for a jury trial. While bicycling to work on May 7, Taylor, 30, a teacher and coach, was fatally struck at the intersection of Middlefield Road and Prior Lane by a GreenWaste Recovery garbage truck.
According to the complaint filed by the plaintiffs, the garbage truck passed Taylor, who was in the bike lane, and made a right turn. Taylor collided with the truck, which allegedly kept moving and ran him over, something corroborated by an investigation by the Atherton Police Department.
Kristy Roos-Taylor and her husband held back tears as the family discussed the lawsuit against the garbage collection service GreenWaste Recovery. Police did not find evidence that the driver was under the influence of alcohol or any other substance, the department said.
According to the complaint, the driver allegedly "failed to account for the fact that decedent's bicycle, which he had just passed, was traveling to his right, he failed to give right of way to decedent's bicycle, failed to take steps to avoid a collision with decedent's bicycle, and then failed to stop the truck after the initial collision with decedent, which directly caused decedent's death."
The plaintiffs allege that more care needs to be taken when operating vehicles that can weigh up to 25 tons when full and that reasonable care was not taken to protect Taylor.
The family alleges that GreenWaste Recovery is liable for Taylor's death because the driver was acting within the scope of his employment at the company, according to the court documents.
Alexander said the lawsuit against those involved will help make the community safer by highlighting alleged poor workplace practices and procedures at GreenWaste Recovery that led to the collision. She hopes the lawsuit will change the way trucks in the community operate around bicyclists and pedestrians.
"It's our expectation that GreenWaste accept this responsibility and improve their training, their hiring and their supervision of their employees so that tragedies such as this never happen again," she said.
The death of Taylor hit his community hard. He was a coach for multiple schools and a paraeducator at La Entrada School in the Atherton and Menlo Park area. His parents said he was a kind spirit who lived his entire life in the neighborhood, gradually becoming close with those around him.
"He brought joy to everyone he came in contact with, and he would give the shirt off his back if that's what you needed," said his mother Kristy between pauses as she regained her composure. "He was a helper. He was kind and loving, and he was just a big teddy bear of a man. He gave the best hugs in the world."
At a May 18 memorial at the Arrillaga Family Recreation Center in Menlo Park, Taylor's parents said they felt incredibly saddened by the tragedy, but were thankful the community at large demonstrated how much he meant to them by showing up in large numbers.
"We knew that he was a big part of the community, but we didn't understand the level that it was and were just completely overwhelmed and proud when we walked into the memorial," Kristy said.
Taylor's father, Michael, said he was moved when the local ultimate Frisbee team his son helped start paid tribute to him with memorial games and name changes in his son's honor. Even with all the local support, Michael said he hopes no parent should ever endure the type of pain he and his wife are experiencing. He hopes lessons will be learned from the collision and changes are made to make roads safer.
GreenWaste Recovery declined to comment on pending litigation, but offered their condolences to the family.
"The safety and well-being of the communities we serve is central to GreenWaste's mission. We are deeply saddened by this accident and offer our condolences to all those affected. We are taking this matter seriously and are continuing to cooperate fully with local authorities to support their investigation."