LAFAYETTE (KRON) -- "He is -- was -- a loving, caring, extremely, passionate person who cares about his community his kids his family.”
His dad was his best friend, Aidan Maguire said, and without him, he and his two younger sisters struggle to move forward during this tragedy.
In August of 2018, Martin Nelis, who worked for the City of Pleasant Hill, went for a bicycle ride during his lunch break.
Video shows the 54-year old in his bright bike gear on Reliez Valley Road and a truck right next to him.
Seconds later, the truck’s trailer would collide into him, taking Nelis’ life.
The family has now filed a wrongful death lawsuit.
It names the driver of truck, claiming he was "prohibited from passing" Nelis at a distance of less than three feet.
One of the family’s attorneys says the driver acted carelessly.
“The driver of the truck that day violated that law that when he passed and overtook him, attorney Josh White said. “He did not allow for three feet of space [and] struck Martin and tragically killed him.”
The lawsuit also names Hawk Builders and Signature Development Group, the companies involved in the new housing project under construction nearby, called Hylands Collection.
The lawsuit claims both companies should have known that its large commercial vehicles are prohibited from driving on Reliez Valley Road.
For Aidan and his sisters, the lawsuit is to raise awareness for drivers to be mindful of bicyclists and to hold accountable the people they believe are responsible for taking their father from them.
“We think if it was one of us that took this place, we think he would 100 percent back this and a lot of our energy comes from what we think he would do,” Aidan said.
KRON4 reached out to the defendants named in the lawsuit for comment. They could not be reached.
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