PHILADELPHIA – The family of a young woman killed on her bicycle when she was struck by a sanitation truck in Philadelphia last year has reached a settlement of more than $6 million with the sanitation company.
Laura Fredricks of East Brunswick, N.J. filed a petition in the Philadelphia County Court of Common Pleas on Sept. 6 versus Gold Medal Environmental, of Philadelphia.
On Nov. 28, 2017, Emily Fredricks, 24, was riding her bicycle to work in Philadelphia and reached the intersection of 11th & Spruce Streets in Center City, when a Gold Medal Environmental sanitation truck made a right turn onto 11th Street at the same time.
Though said to be wearing a helmet and observing the rules of the road, attorneys for her family said the truck driver failed to follow a sign instructing motorists to yield to cyclists. At the scene, the driver claimed not to see her before he made the turn.
The resulting collision killed Emily.
Her death sparked a citywide debate on cyclist safety and resulting citizen protests centered on the importance of securing protected bike lanes for cyclists.
In lieu of engaging in litigation, attorneys for the Fredricks family and Gold Medal Environmental spent several months in negotiations and “developed an innovative plan to not just reach an acceptable settlement, but create a partnership for positive change and enhanced public safety.”
Per the terms of the settlement, Emily’s estate will receive $6 million in compensatory damages – the full amount tendered by Gold Medal Environmental’s insurance coverage.
In addition, Gold Medal Environmental will pay $125,000, in five annual installments of $25,000, in Emily’s name to city organizations dedicated to improving the safety of Philadelphia’s roads. Emily’s family and the company will cooperatively determine the funding recipients.
Gold Medal Environmental has instituted new management and implemented new policies, such as enhancing its truck driver safety program, under the direction of a highly qualified independent highway safety expert, including a new training curriculum on urban vehicle operations, rigorous obstacle course instruction at its new, advanced training facility, and intensive behind-the-wheel interactions with bicyclists. Furthermore, Gold Medal Environmental’s drivers are eligible for employee bonuses which reward safe drivers.
Emily’s parents will meet with company drivers and management about the importance of safe driving and the consequences of failing to do so.
“Philadelphia’s citizens will directly benefit from this settlement that could only be achieved through the cooperation of all parties and determination to do the right thing by Emily,” family attorney Larry E. Bendesky said.
“The Fredricks family made clear from the outset that justice for Emily had to translate into safer streets for everyone, whether they traveled by bike, by car, or on foot,” family co-counsel Robert W. Zimmerman added.
Stuart Leon, an attorney and bicycle safety advocate, said he is honored to be part of this “enlightened, far-reaching agreement where the parties stayed focused on the goal of creating a safer environment for cyclists, vehicles, and all others that share the streets of Philadelphia.”
“We are grateful to the Fredricks family for displaying an immense degree of dedication, courage and compassion that I feel certain will make a big difference for bicyclists and motorists in our city for generations to come. I also commend my co-counsel from Saltz Mongeluzzi, Mr. Schaer and Gold Medal’s new ownership and management team,” Leon stated.
Emily’s parents, Richard and Laura Fredricks, expressed hope the agreement would lead to safer streets for all of Philadelphia’s citizens.
“We live everyday heartbroken over the loss of our precious daughter, searching for some way to see some good result from her passing. With this agreement, we feel lives can and will be saved by making Philadelphia’s streets safer for bicyclists, as well drivers – truck and car – and also pedestrians,” the Fredricks said.
The petitioner was represented by Larry E. Bendesky and Robert W. Zimmerman of Saltz Mongeluzzi Barrett & Bendesky and Stuart Leon and Zachary S. Leon of Stuart Leon Bicycle Crash Law, all in Philadelphia.
The respondent was represented by Theodore Schaer of Zarwin Baum DeVito Kaplan Schaer & Toddy, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180900505
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com