‘We Just Want this Person Out of Our Lives’: Magnus White’s Family Settle Wrongful Death Lawsuit

Nearly three years after cyclist Magnus White was struck and killed by a driver outside of Boulder, Colorado, the major legal cases have come to a close as the White family has settled its wrongful death lawsuit against the driver.

Yeva Smilianska, the driver who killed Magnus in 2023, is currently serving a four-year sentence for reckless vehicular homicide. She recently filed an appeal for a new criminal trial, which would have pushed the civil case further into the future, Michael White, Magnus’ father, said in a statement on LinkedIn. After three years of intensive legal battles, the settlement effectively ends the legal proceedings where the White family will be required to appear in court with Smilianska.

Magnus White, was a 17-year-old member of the US Junior National team and a highly touted cyclocross and road racer, having won a junior cyclocross national championship in 2021. He was killed while out on a training ride in preparation for the junior mountain bike event at the 2023 “super worlds” in Glasgow.

“No more trials, no more lies, no more being in the same room with the person who killed our son,” White said. “We settled our wrongful death lawsuit with the driver’s insurance company. The appeal she filed for a new criminal trial would have dragged the civil case out for several more years.

“We just want this person gone, out of our lives.”

During the trial, it was found that Smilianska was falling asleep at the wheel when she swerved out of the lane twice, striking White from behind on the shoulder of the road the second time. Smilianska was also partying late into the night before the crash and was potentially under the influence at the time of the crash, although no test was administered at the scene of the crash.

Tragically, while the settlement ends the legal journey, the monetary payout to the White family for the wrongful death was $25,000, equivalent to the minimum level of liability insurance the state of Colorado requires drivers to carry.

“This is what everyone thinks happens in these cases: ‘Sue them for everything they have, garnish their wages for the rest of their life,’” White said.

“None of that is real. A jury can return a wrongful death verdict of $100,000. A jury can return $100 million. We would never see a single penny of it. None of that money exists if the at-fault driver carries only the legal minimum insurance and has no meaningful assets. This person is judgment-proof.”

The $25,000 payout also pales in comparison to the total cost of the nine hours Magnus White spent in the ICU before he succumbed to his injuries. In total, the White family’s own insurance demanded $140,000 to cover the cost paid to the hospital. The White family also settled with the insurance company.

In the end, much of the financial burden of the criminal crash that killed Magnus White fell not on the driver of the vehicle, but instead on the White family.

“We paid out more than we will ever recover from the person who killed our son,” the statement from Michael White concluded.

Despite these settlements, there will be more steps in this legal journey, even if the White family will not have to go to the courtroom with Smilianska. In an email to Velo, Michael White said even though these settlements have been made, the legal battles are not over. In the next two months there are parole hearings, community corrections hearings, and the appeal Smilianska filed. All these will have the White family legal team in court fighting for continued justice against Smilianska.

Outside of the courtroom, the work that Michael White started after the death of his son will not stop. The White Line Foundation was created in Magnus’ memory and has already made an impact with both federal and state legislative victories. If you are interested in following, donating, or learning more about the legislation the organization is supporting to protect vulnerable road users, visit the White Line website.