Wrongful death suit filed in Wellesley bike accident

Posted: 02/04/13 at 5:10 pm EST      Last Updated: 02/04/13 at 6:35 pm EST

WELLESLEY, Mass. (WHDH) -- Prosecutors have closed the investigation on a deadly bike accident in Wellesley without filing charges. However, the victim’s family has decided to file a civil suit.

A grand jury has refused to indict a 50-year-old truck driver from East Wareham after he was involved in a fatal collision with a bicyclist on Aug. 24, 2012.

Alexander Motsenigos, 41, from Wellesley, was killed in the accident.

Surveillance video shows the 18-wheel dump truck turning left onto Weston Road, with the bicyclist right in front of the truck minutes before the collision.

The video was part of the evidence presented to Norfolk County prosecutors and the grand jury.

Police spent months executing search warrants, interviewing witnesses, and collecting evidence. Investigators felt there was probable cause to bring forth several charges against the truck driver.

Motsenigos’ family decided to file a civil suit against the driver and released a statement through their attorney saying, “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.”

Police had released video of an interview with the trucker in which he tells them he did see the bicyclist, but had no idea there had been a collision.

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