Bicyclist killed, trucker guilty

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent news,
then I understand, but if the settlement is 1999, why the posting today?)

Nice to know that there's justice sometimes, though.

Mark Janeba

It is good to see justice done in this case, although it's disappointing to see that it seemingly required the efforts of an expensive law firm to get the job done. Would the result be the same if the victim's family did not have the resources to retain a firm for investigation?

-Jeremy

[email hidden said:

"]Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Jeffrey Steinwedel was a 48 year-old computer engineer who worked
often with the Pentagon and various military installations around the
world. He was riding his bicycle along Stevens Canyon Road [below the
dam] in Cupertino when he was run over and killed by a double-dump
trailer which was trying to pass. When apprehended, the driver of the
truck denied any involvement in the accident.

Mrs. Steinwedel asked O'Reilly, Collins & Danko to investigate. The
Firm immediately obtained a court order preserving the truck as
evidence. Its subsequent inspection of the truck's trailer disclosed
fibers from Mr. Steinwedel's clothing, and paint from his bicycle,
proving that it was indeed the rig which struck Mr. Steinwedel. It
was also clear from the accident reconstruction that there was more
than enough room for the truck driver to safely pass Mr. Steinwedel.
The Firm demonstrated that it was the driver's lack of experience and
training, as well as his lack of concern for a bicycle rider, which
were the sole causes of Mr. Steinwedel's death.

Charges of vehicular manslaughter were brought against the truck
driver. O'Reilly, Collins & Danko worked with the District Attorney
to establish the evidence needed to identify and conclusively prove
that the defendant's driver was indeed the one who had hit
Mr. Steinwedel and that the accident was the driver's fault and not
Mr. Steinwedel's. The driver was ultimately convicted.

After the conviction, O'Reilly, Collins & Danko negotiated settlements
against the driver's employer totaling $5,000,000.

Jobst Brandt
[email hidden]

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking Settlement: $5,000,000 Santa Clara
County Superior Court, Case No. CV762894 July 8, 1999 Bicycle /
Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

The accident happened in 1999. There was extensive discussion in the
bike newsgroups at the time.

Quoted message said:

Nice to know that there's justice sometimes, though.

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

jtill said:

It is good to see justice done in this case, although it's disappointing
to see that it seemingly required the efforts of an expensive law firm
to get the job done. Would the result be the same if the victim's
family did not have the resources to retain a firm for investigation?

That's one reason why we have the much maligned contingency payment
system for law firms. If they think they have a good chance of
getting a substantial settlement they'll take the case in hopes of
a sizable percentage of the eventual proceeds.

Quoted message said:

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Jeffrey Steinwedel was a 48 year-old computer engineer who worked
often with the Pentagon and various military installations around the
world. He was riding his bicycle along Stevens Canyon Road [below the
dam] in Cupertino when he was run over and killed by a double-dump
trailer which was trying to pass. When apprehended, the driver of the
truck denied any involvement in the accident.

Mrs. Steinwedel asked O'Reilly, Collins & Danko to investigate. The
Firm immediately obtained a court order preserving the truck as
evidence. Its subsequent inspection of the truck's trailer disclosed
fibers from Mr. Steinwedel's clothing, and paint from his bicycle,
proving that it was indeed the rig which struck Mr. Steinwedel. It
was also clear from the accident reconstruction that there was more
than enough room for the truck driver to safely pass Mr. Steinwedel.
The Firm demonstrated that it was the driver's lack of experience and
training, as well as his lack of concern for a bicycle rider, which
were the sole causes of Mr. Steinwedel's death.

Charges of vehicular manslaughter were brought against the truck
driver. O'Reilly, Collins & Danko worked with the District Attorney
to establish the evidence needed to identify and conclusively prove
that the defendant's driver was indeed the one who had hit
Mr. Steinwedel and that the accident was the driver's fault and not
Mr. Steinwedel's. The driver was ultimately convicted.

After the conviction, O'Reilly, Collins & Danko negotiated settlements
against the driver's employer totaling $5,000,000.

Jobst Brandt
[email hidden]

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Quoted message said:

[Extensive narrative snipped]

Quoted message said:

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent news,
then I understand, but if the settlement is 1999, why the posting today?)

Quoted message said:

Nice to know that there's justice sometimes, though.

The date of the INCEDENT. It was no accident, the term used in the report.

Jobst Brandt
[email hidden]

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent news,
then I understand, but if the settlement is 1999, why the posting today?)

Nice to know that there's justice sometimes, though.

Mark Janeba

Dear Mark,

It's not clear even from the lawyer's description:

http://www.oreillylaw.com/personal_injury.htm

(Click on the "steinweidel" tab.)

But this 1999 post::

http://cycling.org/lists/av/archive/1999/1999-09/937719649000

mentions that Steinwedel was killed in December 1996 and the
driver was convicted of misdemeanor vehicular manslaughter
in September 1999.

And far down on the same page, a 1999 post says that:

" Yuba Trucking Co.'s insurance company recently
paid $5 million to settle a lawsuit brought by Steinwedel's
widow."

Jobst has posted before on Steinwedel's death.

Carl Fogel

Tim McNamara said:

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking Settlement: $5,000,000 Santa Clara
County Superior Court, Case No. CV762894 July 8, 1999 Bicycle /
Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

The accident happened in 1999. There was extensive discussion in the
bike newsgroups at the time.

The accident happened in 1996. See, for example

http://www.svbcbikes.org/steinwedel.cgi

Dennis Ferguson

Tim McNamara said:

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking Settlement: $5,000,000 Santa Clara
County Superior Court, Case No. CV762894 July 8, 1999 Bicycle /
Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

The accident happened in 1999. There was extensive discussion in the
bike newsgroups at the time.

Quoted message said:

Nice to know that there's justice sometimes, though.

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

Dear Tim,

Jeff Steinwedel was killed in December 1996.

By September 1999, the driver was convicted of misdemeanor
vehicular manslaughter and the $5 million settlement was
made:

http://cycling.org/lists/av/archive/1999/1999-09/937719649000

Carl Fogel

Quoted message said:

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Quoted message said:

[Extensive narrative snipped]

Quoted message said:

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent news,
then I understand, but if the settlement is 1999, why the posting today?)

Quoted message said:

Nice to know that there's justice sometimes, though.

The date of the INCEDENT. It was no accident, the term used in the report.

Jobst Brandt
[email hidden]

Dear Jobst,

The date of "the incident" was December 1996.

The settlement and the conviction of the driver took place
in July and September of 1999.

Was something missing in your original post that explained
why you were moved to post the article today?

Carl Fogel

Carl Fogel said:

Quoted message said:

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Quoted message said:

Quoted message said:

[Extensive narrative snipped]

Quoted message said:

Quoted message said:

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

Quoted message said:

Quoted message said:

Nice to know that there's justice sometimes, though.

Quoted message said:

It's not clear even from the lawyer's description:

Quoted message said:

http://www.oreillylaw.com/personal_injury.htm

Quoted message said:

(Click on the "steinweidel" tab.)

Quoted message said:

But this 1999 post::

Quoted message said:

http://cycling.org/lists/av/archive/1999/1999-09/937719649000

Quoted message said:

mentions that Steinwedel was killed in December 1996 and the
driver was convicted of misdemeanor vehicular manslaughter
in September 1999.

Quoted message said:

And far down on the same page, a 1999 post says that:

Quoted message said:

"Yuba Trucking Co.'s insurance company recently paid $5 million to
settle a lawsuit brought by Steinwedel's widow."

Quoted message said:

Jobst has posted before on Steinwedel's death.

and I'm still unclear why this item appeared mow if it was settled in
1999. As you say, the whole thing is unclear. I didn't find the item
I posted, someone who knew I was interested in the outcome sent me the
URL.

Jobst Brandt
[email hidden]

Quoted message said:

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

But the lawers get a good % of that and they lose no one.
B

(remove clothes to reply)

in article [email hidden], B at
[email hidden] wrote on 8/26/04 7:59 AM:

Quoted message said:

Quoted message said:

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

But the lawers get a good % of that and they lose no one.

I have to reply to this since my wife and I recently went through a long and
nasty court battle. Our attorneys worked on contingency and spent over 3
years working on the case. They had invested many, many hours not only of
their time but of the time of their paid staff. In other words, it cost
them money out of their own pocket to pursue the case.

Had we lost the suit, the attorneys would have wound up with nothing. They
would have lost all the time that they put into the case when they could
have been billing paying clients. Fortunately for us, they did an excellent
job, and we won a jury verdict. They earned every penny that they received,
and we had no problem paying them.

Perhaps they had a pretty nice payday on our case, but that money needs to
offset the money that they lost on other contingency cases. It's not an
easy business to handle these types of cases. The upside can be big but so
can the downside.

Todd Kuzma
Heron Bicycles
Tullio's Big Dog Cyclery
LaSalle, IL
http://www.heronbicycles.com/
http://www.tullios.com/

jtill said:

It is good to see justice done in this case, although it's
disappointing to see that it seemingly required the efforts of an
expensive law firm to get the job done. Would the result be the
same if the victim's family did not have the resources to retain a
firm for investigation?

Probably. The lawyers probably got $2,000,000 of that settlement
money. When you're suing deep pocket people, it's not hard to find
lawyers to represent you for a percentage of the award. That's part
of what drives settlements and lawsuits up in price, and is perhaps
the main factor behind tort reform efforts.

Quoted message said:

Tim McNamara said:

Mark Janeba said:

[email hidden] wrote:

> Steinwedel vs. Yuba Trucking Settlement: $5,000,000 Santa Clara
> County Superior Court, Case No. CV762894 July 8, 1999 Bicycle /
> Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

The accident happened in 1999. There was extensive discussion in
the bike newsgroups at the time.

Quoted message said:

Nice to know that there's justice sometimes, though.

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure
the Steinwedel family would rather have him than the money.

Dear Tim,

Jeff Steinwedel was killed in December 1996.

By September 1999, the driver was convicted of misdemeanor vehicular
manslaughter and the $5 million settlement was made:

http://cycling.org/lists/av/archive/1999/1999-09/937719649000

Thanks for the correction, Carl. Sheesh, I'm getting old and can't
keep dates straight any more... where's the Aricept?

Tim McNamara said:

Quoted message said:

Tim McNamara said:

Mark Janeba <[email hidden]> writes:

> [email hidden] wrote:
>
>> Steinwedel vs. Yuba Trucking Settlement: $5,000,000 Santa Clara
>> County Superior Court, Case No. CV762894 July 8, 1999 Bicycle /
>> Truck Accident
>
> [Extensive narrative snipped]
>
> Jobst, is the July 1999 date the date of collision or the date of
> settlement? (If the collision is 1999 and the settlement recent
> news, then I understand, but if the settlement is 1999, why the
> posting today?)

The accident happened in 1999. There was extensive discussion in
the bike newsgroups at the time.

> Nice to know that there's justice sometimes, though.

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure
the Steinwedel family would rather have him than the money.

Dear Tim,

Jeff Steinwedel was killed in December 1996.

By September 1999, the driver was convicted of misdemeanor vehicular
manslaughter and the $5 million settlement was made:

http://cycling.org/lists/av/archive/1999/1999-09/937719649000

Thanks for the correction, Carl. Sheesh, I'm getting old and can't
keep dates straight any more... where's the Aricept?

Dear Tim,

The secret is to have no memory at all.

I wasn't familiar with the incident, so I couldn't
mis-remember any datesl--I had to look them up.

Carl Fogel

RE/

Quoted message said:

killed by a double-dump
trailer which was trying to pass....

Quoted message said:

evidence needed to identify and conclusively prove...
that the accident was the driver's fault...

I lived in Hawaii for about 10 years where the sugar companies ran what we
called "cane-haul trucks". Basically a tractor-trailer rig with two trailers.

Inherantly-deadly things, IMHO. Seemed to me like about 2-3 people per month
were killed by them - usually caught between the two trailers when the river
pulled back in thinking he had passed.

--
PeteCresswell