No Decision On Charges In Fatal Hit And Run

Written by Boston Biker on Aug 28

 

Investigators have not decided yet whether to charge the driver they believe struck and killed a bicyclist in Wellesley last week.
No Decision On Charges Yet For Driver In Fatal Wellesley Bike Crash

But sources told WBZ-TV’s I-Team Monday that they are looking very closely at his history.

Alexander Motsenigos, 41, of Wellesley was riding his bike on Weston Road around 2 p.m. Friday when he was hit by a truck.

The truck did not stop and Motsenigos later died.

Police announced Sunday that they had found the truck and the person they believe was driving it at the time of the crash.

Sources told the I-Team they have interviewed the driver, described as a man between 40-and-50 years old with a commercial driver’s license.

His name has not been released, but he was driving the truck for his company at the time of the accident.

When asked why no charges have been filed at this point, sources said the case is ‘very complicated.’ (via)

What the fuck, seriously. This is not ‘very complicated’, this is plane and simple. Why hasn’t this person been charged with a crime? If I ran into the street and beat you to death with a baseball bat then ran off it would be a crime, but if I do it with a car its something you have to ponder over? If they think this is the person who killed Alex Motsenigos, they should charge them with vehicular manslaughter.

Fleeing a scene is usually considered an admission of guilt, at the very least it shows the driver wasn’t even paying attention, at the worst it indicated they know they committed a crime and wanted to flee. This is the worst fear of cyclists, that they can literally be run over and killed and the driver will not even be charged with something.

 

EDIT: Wandering Woman On Wheels has done some more great research on this, thanks so much for keeping on top of this.

 

I don’t see anything about the tanker truck driver in Phyo N. Kyaw’s death, but here is an interesting quote from the “Boston Injury Lawyer’s Blog” which indicates not only the driver, but the city (Cambridge) could be liable for the road conditions that forces trucks to make such wide turns.

“…According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company….”

http://www.maximizingprogress.org/2011/12/killed-by-incompetence-latest-mit-death.html

If this is true, it may be safe to assume that in the death of Alexander Motsenigos, not only the driver of the truck, but also the city (Wellesley) could be liable, since the intersection is known to be dangerous, with many accidents and calls for improvements to be made. Note this, from January:

Scary Wellesley intersection — for pedestrians
By bbrown | Published: January 18, 2012
http://theswellesleyreport.com/2012/01/scary-wellesley-intersection-for-pedestrians/

Also, Wellesley police have updated their report to say that it was an 18-wheel dump truck that hit Mr.Motsenigos.

Wellesley police: 18-wheel truck hit cyclist; now seeking more witnesses
By bbrown | Published: August 28, 2012
http://theswellesleyreport.com/2012/08/wellesley-police-seek-more-help-to-find-cycling-accident-witnesses/

and

UPDATED JOINT RELEASE OF THE WELLESLEY POLICE DEPARTMENT AND NORFOLK COUNTY DISTRICT ATTORNEY’S OFFICE
http://www.wellesleypolice.com/index.cfm?cdid=11491&pid=10237

I think we need to be patient. Of course we are outraged and distressed. But we have to wait until more information comes to light.

In the meantime, anyone wishing to pay their respects at the service or funeral, send flowers, make a donation or light a candle in his memory can visit this site:

http://www.faggas.com/book-of-memories/1323778/Motsenigos-Alexander/index.php

My heart goes out to his family, friends and loved ones.


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