The widow of Alex Motsenigos, the Wellesley cyclist killed last August when struck by an 18-wheeler on Weston Road near Linden Street, has filed a wrongful death lawsuit (a copy of the Jan. 30 complaint is here) against the driver and the companies that employed him and owned the truck. According to a report on the investigation released by Wellesley police, the truck operator had beyond a checkered driving record: 19 license suspensions over the past 30 or so years; six surchargeable accidents; and several moving violations (here’s at WHDH-TV video report that includes footage leading up to the accident). The suit also raises questions about the truck itself, claiming that the horn wasn’t working properly based on the police investigation.
The family issued the following statement as well:
The Motsenigos family thanks the Wellesley Police Department for all of its hard work investigating this tragic case. Now that the grand jury has concluded its inquiries into the criminal aspects of this avoidable accident, the family has filed a civil wrongful death lawsuit in Norfolk Superior Court against the driver and his employer, seeking justice for the conduct that resulted in Alex’s death.
Based on the evidence gathered by police, if the truck driver had used even basic care in operating the truck that struck Alex down, the accident would have been avoided and Alex would be alive today. 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.
Earlier today it was revealed by Wellesley Police that the grand jury decided not to indict Dana McCoomb, the driver of the truck.
In the police report, McCoomb tells investigators that he had heard about the incident but “I didn’t hit him, that’s for sure. I know damn well I didn’t…”
Investigators grilled McCoomb – who was quite familiar with the route he was on — about his past driving record as well as whether there was any chance he intentionally hit the cyclist.
Seriously, can someone please explain to the people of Massachusetts why 1) this driver (with a such a horrendous record) was permitted to be on the road and 2) how the DA’s office failed to secure an indictment on even a single charge? Great message we’re sending to cyclists (you simply don’t count) and reckless drivers (don’t worry about consequences) everywhere.