Lawsuit over fatal accident on Cape Cod finally settled

A tragic fatal collision on Cape Cod that occurred over six years ago has resulted in a civil settlement. The surviving family of the 63-year-old male victim recently agreed to terms settling a lawsuit brought against a trucking company, a motor vehicle inspection company and the truck driver. The claim arose from a Sept. 2006 fatal accident in West Yarmouth on Route 28.

The crash occurred when a car entered Route 28 from the parking lot of a local restaurant. A truck headed west and owned by a West Bridgewater construction company crashed into the car, killing its driver. Subsequent investigation disclosed that the nearly two decade old truck had inoperable rear brakes. Though the truck was apparently inspected less than two weeks before the fatal accident, it was documented that a Massachusetts inspection company failed to test the brakes in the field.

The lawsuit was waged by the victim’s widow and four children. They will all receive part of the $750,000 settlement proceeds. The terms of the settlement were recently finalized in Plymouth Superior Court.

The surviving family from this fatal accident on Cape Cod likely feels some relief now that the litigation has finally been settled. Though the financial award does not change the tragic outcome, the fact that the settlement was achieved may provide them with a feeling that justice has been served. It also underscores the fact that each time a vehicle is placed in operation on a Massachusetts roadway, a duty is owed to others that it is safe and has met the inspection standards required by our state laws.

Source:, “Settlement reached in W. Yarmouth auto fatality,” Cynthia McCormick, Jan. 9, 2013

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