Motorcycle vs. Waste Disposal Truck Collision; Wrongful Death - $3.5 Million Settlement
Breakstone, White & Gluck, PC
Commonwealth Mediation and Conciliation, Inc.
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.