WELLESLEY (CBS) – The driver who struck and killed a bicyclist in Wellesley last year will not be criminally charged.

Alexander Motsenigos, 41, of Wellesley was riding his bike on Weston Road August 24 when he was hit by an 18-wheel semi-tractor trailer dump truck. The truck did not stop and Motsenigos later died.

Police found the driver, 51-year-old Dana McCoomb, of East Wareham, two days later.

Wellesley police announced Monday that a Norfolk County Grand Jury refused to indict him.

Alex Motsenigos (Family photo)

According to the police report, McCoomb was driving the truck for his company at the time of the crash.  He told investigators he didn’t believe he had struck Motsenigos with his truck.

The family announced Monday afternoon that they have filed a civil wrongful death lawsuit against McCoomb and his employer.

“Based on the evidence gathered by police, if the truck driver had even used basic care in operating the truck that struck Alex down, the accident would have been avoided and Alex would be alive today,” Motsenigos’s family said in a statement.