Family Files Wrongful Death Lawsuit after Police Fails to Criminally Charge Driver in Fatal Bike Accident: Bisnar | Chase Hopeful For Family in Civil Case.

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The family of 41-year old Alexander Motsenigos, who was struck and killed by a big rig making a left turn at an intersection, has filed a wrongful death lawsuit (Case number: 13-00150) against the truck driver and his employer after a grand jury refused to indict the driver. According to a Feb. 4 CBS news report, the truck driver left the scene and was contacted by police two days later, but told them that he was not aware of the collision.

video footage of cyclist who was killed by big rig in Mass.

Video footage shows trucker turning left as cyclist rides along the right side of him

This case shows that the civil courts are often the last recourse for families that are seeking justice for the loss of their loved ones.

The widow of 41-year-old Alexander Motsenigos has filed a wrongful death lawsuit (Case number: 13-00150) in connection with her husband's bicycle accident death in August.

According to a Feb. 4 CBS news report, the fatal collision occurred Aug. 24 when Motsenigos's bicycle was struck by a big rig that was making a left turn on Weston Road in Wellesley. The truck driver did not stop at the scene and was contacted two days later by police, but told them he was not aware of the collision, the report states. Police have not filed charges and a grand jury also refused to indict him, the CBS report states.

Motsenigos was fatally injured in the crash and the truck driver left the scene, according to the lawsuit. The lawsuit (Case number: 13-00150) alleges negligence on the part of the truck driver, Dana McCoomb and his employer C.J. Mabardy Inc. The lawsuit alleges that McCoomb had a clear view of the intersection where he turned left and of Motsenigos. Court documents state that McCoomb attempted to pass Motsenigos despite being familiar with the narrow intersection where it would be dangerous to do so.

The lawsuit (Case number: 13-00150), which was filed in Norfolk County Superior Court, Mass., also alleges that McCoomb had numerous violations on his record. Court documents state that McCoomb's license was suspended on the day of the accident for seven surcharge events in 60 days. Also, on the day before the accident, he was assessed a surcharge for an accident that occurred in Brockton on a prior date, the suit states. The complaint also states that McCoomb's driving record from 1982 through the date of the accident "demonstrates a long string of driving violations and accidents with numerous license suspensions." The lawsuit alleges his employer, the trucking company, was negligent in hiring McCoomb despite his many violations.

This case shows that the civil courts are often the last recourse for families that are seeking justice for the loss of their loved ones, said John Bisnar, founder of the Bisnar | Chase personal injury law firm. "It is important to remember that in any personal injury case, criminal charges are not necessary for the plaintiffs to file an injury claim or a wrongful death lawsuit. The civil justice system works independently and every case is looked at with a fresh set of eyes."

The burden of proof in civil cases in on the plaintiff as opposed to the government in criminal cases, Bisnar says. "The goal of personal injury or wrongful death claims is to make sure that the wrongdoer is held accountable. They offer the hope of justice for victims and families even when the criminal justice system doesn't work in their favor."

Bisnar | Chase Personal Injury Attorneys represent victims of bike accidents, wrongful death and car accidents. The firm has been featured on a number of popular media outlets including Newsweek, Fox, NBC, and ABC and is known for its passionate pursuit of results for their clients.

Since 1978, Bisnar | Chase has recovered millions of dollars for seriously injured victims and families that have lost loved ones as a result of someone else's negligence. For more information, please call 800-561-4887 or visit http://www.bestattorney.com for a free consultation.

Bisnar | Chase
1301 Dove Street #120
Newport Beach, CA 92660

Source: http://boston.cbslocal.com/2013/02/04/no-charges-for-driver-in-fatal-wellesley-bike-crash/

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