Officials decided not to file criminal charges against a truck driver who struck and killed a bicyclist, so now the deceased’s family is filing a lawsuit against the driver.
Alex Motsenigos, 41, was riding his bike on Weston Road on August 24 when an 18-wheel dump trailer him him. Emergency responders transported him to Newton-Wellesley Hospital, where he was pronounced dead. “Alex was a wonderful husband and father who will never be forgotten. The family misses Alex incredibly and wishes to continue to honor his memory by celebrating the wonderful gifts he brought to all their lives,” the family said in a statement.
The grand jury announced Monday that it wouldn’t bring charges against the truck driver, Dana McCoomb of East Wareham, triggering the victim’s family to file the lawsuit in Norfolk Superior Court against the driver and his employer. “If the truck driver had used even basic care in operating the truck hat struck Alex down, the accident would have been avoided and Alex would be alive today,” lawyers for the family said in a statement.
The lawsuit alleges McCoomb has a history of driving violations. “His driving record demonstrated numerous driving violations which should have put Mabardy and Truck Leasing on notice McCoomb was an extremely dangerous driver who should not have been behind the wheel of a truck,” the lawsuit reads.
Records from the Registry of Motor Vehicles show that since 1982, McCoomb has received 26 moving violations, 11 of which were for speeding and seven for surchargeable accidents. Two of them occurred in the 12 months leading up to the fatal collision in Wellesley.
The lawsuit also questions the condition of the truck itself, arguing that the horn wasn’t functioning correctly, based on information from the police investigation.
Investigators questioned McCoomb about the incident, his past driving record, and whether he intentionally hit Motsenigos. According to the police report, McCoomb told investigators that he was aware of the incident, but “I didn’t hit him. That’s for sure. I know damn well I didn’t.”
A lawyer for Mabardy said McCoomb was properly licensed.
Massachusetts Car and Bicycle Accidents
The Massachusetts car and bicycle accident lawyers of Altman & Altman LLP have been representing injury victims for over 40 years. If you or a loved one has been hurt in an accident with a motor vehicle, please contact us at 617-492-3000 or by email for a free case evaluation. You may be entitled to compensation, even if officials decide not to bring criminal charges.
Family sues after no criminal charges to be filed in fatal Wellesley crash, www.wcvb.com, February 4, 2013.
Motsenigos widow files wrongful death suit in wake of fatal Wellesley cycling accident, www.theswellesleyreport.com, February 4, 2013.