# Grand jury does not indict trucker who struck and killed cyclist last August: Why not? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [February 7, 2013, 9:15pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640 "2013-02-07T21:15:27Z")\ **Posts on this page:** 20\ **Page:** 11
**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\ **Post date:** [February 19, 2013, 3:57am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/201 "2013-02-19T03:57:24Z")
> [@bicycleguy](#): > > This man was a professional truck driver. He better know what effect his draft will have on a bike when he passes by very closely. If he chooses to ignore that and kills someone, then, yes, by all means, he can be sued. No, it is really simple: if you are driving down the road, do you drive 2’ away from the car you are passing? You do not have to be a professional to understand these things. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 19, 2013, 4:14am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/202 "2013-02-19T04:14:06Z")
> [@For You](#): > > He did not “ride next to an 18 wheeler”, the truck came up and overtook him. The truck driver was obligated by law to _not do that_. At the point that the truck came alongside, Motsinegos has little option but to keep riding, because, IME, braking would probably have been more dangerous in that situation. If you say so. I would have braked and gotten off the road and watched the truck go by. ---
**Author:** ![Rick](https://avatars.discourse-cdn.com/v4/letter/r/9f8e36/32.png) [@Rick](https://boards.straightdope.com/u/Rick)\ **Post date:** [February 19, 2013, 4:34am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/203 "2013-02-19T04:34:47Z")
> [@Magiver](#): > > Emotional rant. > > Correct, there isn’t a legal way for the truck to pass. . Congratufuckinglations. We have been trying to tell you this for about the last 100 posts or so. It was not legal for the truck to try and pass the cyclist, and you have been arguing that the truck did nothing wrong, it was the cyclist’s fault. I trust we are done here. ---
**Author:** ![sich\_hinaufwinden](https://avatars.discourse-cdn.com/v4/letter/s/c5a1d2/32.png) [@sich\_hinaufwinden](https://boards.straightdope.com/u/sich_hinaufwinden)\ **Post date:** [February 19, 2013, 5:43am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/204 "2013-02-19T05:43:45Z")
> [@Mr.Miskatonic](#): > > [Looking at the road in question](http://www.bostonglobe.com/metro/2013/02/15/cyclists-react-with-anger-after-grand-jury-returns-indictment-wellesley-bike-crash-case/JDTtJSawtj34hxAAP5Y0RI/story.html). From the pic at the top of that link, I want to point out that right before all the debris there are 2 storm drain grate inlets with the slots in the direction of travel that extend from the face of curb out past the lane line. For those on either side of the discussion that are speculating on how close the bicyclist might have been to the curb and what factors might have contributed to his ending up under the trailer, this seems like something worth considering. > [@For You](#): > > Of course, the other question pertains to Central: there is a light at that intersection, yet the truck was following the bicycle by about one second. I cannot imagine a light that changes that quickly. Around here, at least, both lights are solid red for at least half a second if not more. It looks a lot like one of the parties was going on a red light. Yes, IIRC, the police determined that the bicyclist did run a red light in front of the truck when it was turning left. They brought this up when questioning the truck driver, asking him if that got him angry and whether it might have led him to take revenge. I don’t know if it has any bearing on what ultimately happened, but wanted to note that since it was brought up. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 19, 2013, 5:47am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/205 "2013-02-19T05:47:11Z")
> [@Rick](#): > > Congratufuckinglations. We have been trying to tell you this for about the last 100 posts or so. It was not legal for the truck to try and pass the cyclist, and you have been arguing that the truck did nothing wrong, it was the cyclist’s fault. > I trust we are done here. :rolleyes: The truck driver has to make a quick decision and you fault him for going around the cyclist. Yes, we’re done here. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 19, 2013, 6:20am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/206 "2013-02-19T06:20:10Z")
> [@sich\_hinaufwinden](#): > > From the pic at the top of that link, I want to point out that right before all the debris there are 2 storm drain grate inlets with the slots in the direction of travel that extend from the face of curb out past the lane line. > > For those on either side of the discussion that are speculating on how close the bicyclist might have been to the curb and what factors might have contributed to his ending up under the trailer, this seems like something worth considering. If you look at it on [a map](https://maps.google.com/maps?q=corner+of+weston+road+and+linden+street,boston+ma&ll=42.296752,-71.29977&spn=0.00103,0.002336&sll=42.296769,-71.299886&hnear=Weston+Rd+%26+Linden+St,+Wellesley,+Norfolk,+Massachusetts+02482&t=f&z=19&ecpose=42.29671313,-71.29976588,214.57,-4.235,1.451,0)this is where the road narrows after a slight curve. The truck is coming off the slope of the railroad bridge at this point. They’re both entering the choke point at essentially the same time. [Here](https://maps.google.com/maps?q=corner+of+weston+road+and+linden+street,boston+ma&ll=42.296826,-71.299982&spn=0.004087,0.009345&sll=42.296769,-71.299886&layer=c&cbp=13,144.85,,0,6.99&cbll=42.296891,-71.300093&hnear=Weston+Rd+%26+Linden+St,+Wellesley,+Norfolk,+Massachusetts+02482&t=f&z=17&panoid=7I0kjvvCbI06nmNEbxCVIA)is a view looking at the bridge from where they came from . ---
**Author:** ![sich\_hinaufwinden](https://avatars.discourse-cdn.com/v4/letter/s/c5a1d2/32.png) [@sich\_hinaufwinden](https://boards.straightdope.com/u/sich_hinaufwinden)\ **Post date:** [February 19, 2013, 7:04am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/207 "2013-02-19T07:04:15Z")
> [@Magiver](#): > > If you look at it on [a map](https://maps.google.com/maps?q=corner+of+weston+road+and+linden+street,boston+ma&ll=42.296752,-71.29977&spn=0.00103,0.002336&sll=42.296769,-71.299886&hnear=Weston+Rd+%26+Linden+St,+Wellesley,+Norfolk,+Massachusetts+02482&t=f&z=19&ecpose=42.29671313,-71.29976588,214.57,-4.235,1.451,0)this is where the road narrows after a slight curve. The truck is coming off the slope of the railroad bridge at this point. They’re both entering the choke point at essentially the same time. [Here](https://maps.google.com/maps?q=corner+of+weston+road+and+linden+street,boston+ma&ll=42.296826,-71.299982&spn=0.004087,0.009345&sll=42.296769,-71.299886&layer=c&cbp=13,144.85,,0,6.99&cbll=42.296891,-71.300093&hnear=Weston+Rd+%26+Linden+St,+Wellesley,+Norfolk,+Massachusetts+02482&t=f&z=17&panoid=7I0kjvvCbI06nmNEbxCVIA)is a view looking at the bridge from where they came from . Thanks for the links. The street view appears to be old - it only shows one grate inlet in that area and a strip of grass between the back of curb and sidewalk that is no longer there. They must have done some reconstruction between the time that street view was taken and the pic from right after the crash shown in the link that I referenced. Anyhow, I was just pointing out the presence of storm drain inlets that the cyclist might have been avoiding by riding a few feet from the curb rather than closely/adjacent to it. (And I’m aware he had the legal right to be all the way out in the center of the travel lane but some have posited that he may have been close to the curb for estimating how much room was available to pass.) If he had indeed been up against the curb, the inlets may have caused him to fall under the trailer. I’m not trying to join either side of the blame game - just trying to present a bit of info that some may find noteworthy. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 19, 2013, 7:52am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/208 "2013-02-19T07:52:09Z")
> [@sich\_hinaufwinden](#): > > Thanks for the links. The street view appears to be old - it only shows one grate inlet in that area and a strip of grass between the back of curb and sidewalk that is no longer there. They must have done some reconstruction between the time that street view was taken and the pic from right after the crash shown in the link that I referenced. > > Anyhow, I was just pointing out the presence of storm drain inlets that the cyclist might have been avoiding by riding a few feet from the curb rather than closely/adjacent to it. (And I’m aware he had the legal right to be all the way out in the center of the travel lane but some have posited that he may have been close to the curb for estimating how much room was available to pass.) If he had indeed been up against the curb, the inlets may have caused him to fall under the trailer. > > I’m not trying to join either side of the blame game - just trying to present a bit of info that some may find noteworthy. the street view shown uses image merging software so the blotch in the picture is probably one of the grates. This may very well have been the catalyst that brought the bike down. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [February 19, 2013, 12:35pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/209 "2013-02-19T12:35:21Z")
> [@Magiver](#): > > If you say so. I would have braked and gotten off the road and watched the truck go by. May I refer you to [Part 1](http://www.scribd.com/doc/123808103/Weston-Road-Crash-Incident-Report-Part-1) page 13 of the WPD report. > [@](#): > > The markers and correspoding evidence are listed below: > > 1. Start of bicycle tire brake mark Therefore, it appears the cyclist was trying to do exactly what you would have done but still lost his life! > [@Magiver](#): > > [Here](https://maps.google.com/maps?q=corner+of+weston+road+and+linden+street,boston+ma&ll=42.296826,-71.299982&spn=0.004087,0.009345&sll=42.296769,-71.299886&layer=c&cbp=13,144.85,,0,6.99&cbll=42.296891,-71.300093&hnear=Weston+Rd+%26+Linden+St,+Wellesley,+Norfolk,+Massachusetts+02482&t=f&z=17&panoid=7I0kjvvCbI06nmNEbxCVIA)is a view looking at the bridge from where they came from . While it’s a little hard to tell the grade of the downhill, 25-30mph does not appear to be that hard to reach by a competent cyclist on good equipment (which we’ve already established he was on). Therefore, the truck should not be doing 15-20mph greater than the cyclist as he started his pass unless he was also speeding. Finally, while some of your arguments _might_ hold up at trial, where a skilled defense attorney could plead them, may I remind you this was a **Grand Jury** From Wikipedia: A grand jury is a type of jury that determines whether a criminal indictment will be issued. An indictment (pron.: /ɪnˈdaɪtmənt/ in-DYT-mənt), in the common law system, is a formal accusation that a person has committed a crime. ---
**Author:** ![DragonAsh](https://avatars.discourse-cdn.com/v4/letter/d/db5fbb/32.png) [@DragonAsh](https://boards.straightdope.com/u/DragonAsh)\ **Post date:** [February 19, 2013, 1:23pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/210 "2013-02-19T13:23:37Z")
> [@](#): > > My experience is just the opposite, people don’t tend to spend the money on a higher-end bike until they’ve been riding for a while (& therefore have experience) & decide they like it & want to spend the money on better equipment. You clearly don’t get out for bike rides very often do you. Want to know how real cyclists spot the newbies almost instantly? We look for the ones with brand new gear and a shiny, spot-less, top-of-the-line bike. Hate hate hate having 'em near me in the pack during races because they are incapable of holding their line around corners. There is no evidence the trucker broke the law. There is plenty of evidence that the cyclist had ample opportunity to place himself out of harm’s way. He took the macho route. A tragedy, no doubt, but not one the trucker should necessarily have to pay for. Obv. I reserve the right to change my opinion of further evidence comes out. But as it stands now? Sorry Charlie. Guess what - cyclists die easier in fights with cars and trucks vs the guys driving said cars & trucks. I get used & abused by cars & trucks on the road all the effin’ time, so I’m all for calling attention to the unsafe conditions cyclists routinely face…but this ain’t one of those times. ---
**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\ **Post date:** [February 19, 2013, 2:59pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/211 "2013-02-19T14:59:41Z")
> [@DragonAsh](#): > > You clearly don’t get out for bike rides very often do you. Want to know how real cyclists spot the newbies almost instantly? We look for the ones with brand new gear and a shiny, spot-less, top-of-the-line bike. Hate hate hate having 'em near me in the pack during races because they are incapable of holding their line around corners. Says the guy who is terrified of clipless pedals :rolleyes: ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [February 19, 2013, 3:38pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/212 "2013-02-19T15:38:38Z")
> [@DragonAsh](#): > > There is no evidence the trucker broke the law. Except for the fact that there is no physical way for the truck to have passed legally, let alone safely. Oh, and a dead cyclist, who I doubt dove under the truck’s tires. > [@](#): > > There is plenty of evidence that the cyclist had ample opportunity to place himself out of harm’s way. He took the macho route. Blame the victim, blame the victim, jiggity-jig! ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [March 12, 2013, 1:35pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/213 "2013-03-12T13:35:56Z")
I bought a GoPro two weeks ago. Unfortunately, where I bought it didn’t have the bike mount so I didn’t have it on my bike on Sat when the sumbitch not only came with in centimeters of sideswiping me but had the audacity to stop & yell at me for being in the road. If it was on, PD stated they would have cited him if they had video evidence that he made an unsafe pass. While in no way trying to blame the victim, if Alex Motsenigos had one on his bike, there probably would have been a different outcome in this case as there would be video of exactly how Dana McCoomb hit him. I strongly recommend others to get some type of video camera system, GoPro or one of the others out there. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [March 13, 2013, 12:43am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/214 "2013-03-13T00:43:22Z")
> [@Spiderman](#): > > I bought a GoPro two weeks ago. Unfortunately, where I bought it didn’t have the bike mount so I didn’t have it on my bike on Sat when the sumbitch not only came with in centimeters of sideswiping me but had the audacity to stop & yell at me for being in the road. If it was on, PD stated they would have cited him if they had video evidence that he made an unsafe pass. While in no way trying to blame the victim, if Alex Motsenigos had one on his bike, there probably would have been a different outcome in this case as there would be video of exactly how Dana McCoomb hit him. I strongly recommend others to get some type of video camera system, GoPro or one of the others out there. That’s a good idea but be aware of local ordinances regarding the handling of evidence. Turn the unit over to police without removing the data first. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [April 30, 2013, 3:07pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/215 "2013-04-30T15:07:18Z")
So it’s not quite a zombie, but thought revival was appropriate for the [Ride of Silence](http://www.rideofsilence.org/main.php) on May 15th. Click on the link to find a ride near you; 47 states & about 20 countries. > [@](#): > > **RIDE OF SILENCE > WHERE:** Hundreds of locations world wide > Join cyclists worldwide in a silent slow-paced ride (max. 12 mph/20 kph) in honor of those who have been injured or killed while cycling on public roadways. > > **WHY DOES THIS ORGANIZATION EXIST?** > To HONOR those who have been injured or killed > To RAISE AWARENESS that we are here > To ask that we all SHARE THE ROAD ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [April 30, 2013, 3:43pm UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/216 "2013-04-30T15:43:04Z")
> [@Spiderman](#): > > So it’s not quite a zombie, but thought revival was appropriate for the [Ride of Silence](http://www.rideofsilence.org/main.php) on May 15th. Click on the link to find a ride near you; 47 states & about 20 countries. that’s nothing but a bunch of passive aggressive jerks tying up traffic in a pretend funeral procession. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [September 25, 2016, 5:43am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/217 "2016-09-25T05:43:40Z")
> [@Fleeing this accident when you could help - right or wrong?](https://boards.straightdope.com/t/fleeing-this-accident-when-you-could-help-right-or-wrong/766673/19): > > 1. This is a rear-facing camera. > 2. You’re only looking at it because something significant occurred after he changed lanes. IOW, a driver should be aware of what’s around him at all times but shouldn’t be _focusing_ on what’s behind him, especially when driving at highway speeds. If you’re changing lanes you’re absolutely looking behind you to see if you’re clear. > [@Fleeing this accident when you could help - right or wrong?](https://boards.straightdope.com/t/fleeing-this-accident-when-you-could-help-right-or-wrong/766673/19): > > 1. Your first & last sentence are at odds with each other. > 2. If a driver looks ahead & sees an obstacle, in this case a slowed car, then glances in rear &/or side view mirrors to see than the next lane is clear to make a change, why should he then be focusing back at a vehicle that is in a now-different lane behind him to see whether that vehicle is slowing or not. The driver should be focused on cars in front of him potentially swerving into his lane & be prepared to avoid them as opposed to playing superhero to alert the vehicles behind him that traffic in front of them has slowed by “flashing my brakes rapidly when confronted with stopped traffic in front of me” if traffic is slowed ahead of you then you’re concern should be alerting traffic behind you that can’t see it. That’s common sense. > [@Fleeing this accident when you could help - right or wrong?](https://boards.straightdope.com/t/fleeing-this-accident-when-you-could-help-right-or-wrong/766673/19): > > Unless you live in the town of Monster-Truckville, or drive \< 10 mph, most cars don’t have enough ground clearance to make that possible to do while keeping your eyes on the road ahead. That’s simply not true. > [@Fleeing this accident when you could help - right or wrong?](https://boards.straightdope.com/t/fleeing-this-accident-when-you-could-help-right-or-wrong/766673/19): > > So tell me, when you drive, do you sit on your superhero cape or drape it over the back of the seat behind you? :rolleyes: Are you drunk? You’ve referenced a post from 3 years ago and attacked me for having basic driving skills. What is wrong with you? ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [September 25, 2016, 6:02am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/218 "2016-09-25T06:02:40Z")
**Magiver** , I think you meant to post in a different thread. ---
**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\ **Post date:** [September 25, 2016, 6:05am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/219 "2016-09-25T06:05:48Z")
> [@Magiver](#): > > Are you drunk? You’ve referenced a post from 3 years ago and attacked me for having basic driving skills. And you posted this reply in the 3-year-old thread instead of the active one that you quoted. You probably meant [this one](http://boards.straightdope.com/sdmb/showthread.php?t=805405). ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [September 25, 2016, 6:23am UTC](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640/220 "2016-09-25T06:23:47Z")
> [@Robot\_Arm](#): > > And you posted this reply in the 3-year-old thread instead of the active one that you quoted. > > You probably meant [this one](http://boards.straightdope.com/sdmb/showthread.php?t=805405). Yep. I reposted in the correct thread. [Previous page](https://boards.straightdope.com/t/grand-jury-does-not-indict-trucker-who-struck-and-killed-cyclist-last-august-why-not/649640.md?page=10)