Motorcycle vs. Waste Disposal Truck Collision - Wrongful Death - $3.5 Million Settlement

Injuries
Severe head and chest trauma resulting in death
Tried before Judge or Jury
Settlement
Recovery
$3.5 million
Date
March 2016
Plaintiff’s Counsel
Marc L. Breakstone, Esq.
Breakstone, White & Gluck, PC
Boston
Mediator
Brian J. Mone
Commonwealth Mediation and Conciliation, Inc.
Other Useful Information

On June 22, 2013, 56-year-old plaintiff was riding his motorcycle in West Bridgewater, when a waste disposal truck owned by defendant, and operated by a subcontractor, pulled out across the road into the path of plaintiff. Plaintiff applied the brakes and laid the motorcycle down in an attempt to avoid the collision. His motorcycle struck the side of defendant’s truck at less than 5 mph.

Unfortunately, after he put the bike down, he continued to roll under the truck. The driver did not see plaintiff in time to stop the truck. As a result, the truck rear tires ran over his head and chest, killing him.

The driver of defendant’s vehicle was a welder for a company that had been hired by defendant to repair the truck. The driver had a “Z’ restriction on his license, which prohibited him from operating any vehicles that did not have a breathalyzer interlock on the ignition. The truck in question did not have such an interlock. As a result, the driver was charged

The decedent was the owner of a custom machine shop. He left his wife of 36 years, three adult daughters, and several grandchildren. There were no special damages, as he died at the scene.

The case settled after a second day of mediation with Attorney Brian J. Mone of CMCI.

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
★★★★★
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
★★★★★
Ron was excellent. He was on top of everything. He answered every question. John
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh
★★★★★