The family of man who was struck and killed by a delivery truck in Historic Williamsburg, Virginia have filed a wrongful death lawsuit for $5 million, according to a January 18 report in the Hampton Roads Daily Press. Penske Truck Leasing, Colonial Williamsburg Foundation, the Colonial Williamsburg Co. and the delivery truck’s driver are named as defendants. The lawsuit accuses Colonial Williamsburg and Penske of negligently failing to inspect, maintain and operate the truck, a 2001 Freightliner. A few days after the accident, authorities said the truck had a device that was supposed to make a beeping noise when it backed up, but the device was working intermittently. The deceased, John C. Riley, was walking on a service road behind a museum in Colonial Williamsburg in May 2004. The truck driver did not notice Riley until after the vehicle's front and rear tires had run over the Lynchburg man. The truck driver, John Louis Wade, was found guilty of reckless driving, the most serious offense he could be charged with under the circumstances according to the Daily Press report.