By Bill Shields

BOSTON (CBS) – Newly released surveillance video captures the moments a tractor-trailer hit and killed a cyclist on Mass. Ave in Boston. Investigators say despite what the video shows, they will not charge the truck driver.

“There’s a real injustice here,” says Joel Feingold of MassBike. He’s referring to his organization’s findings about the 2015 death of cyclist Dr. Anita Kurmann.

On that August morning, she was riding her bike across the Mass. Ave. Bridge. A tractor-trailer, driven by Matt Levari was traveling alongside her. The truck pulls ahead, and starts to turn right onto Beacon Street. Dr. Kurmann is on the right of the truck, in the bike lane, and is run over by the truck.

“We were disappointed to learn that the crash investigation placed the blame entirely on Dr. Kurmann,” said Richard Fries of MassBike. “Upon reviewing the security camera footage, we were left incredulous.”

MassBike acquired security camera video from police after their investigation was concluded. But the cyclists had a very different interpretation of the accident. “Sixteen seconds she’s there,” said Feingold. “That’s lots of opportunity for the truck driver to say oh she’s caught up with me, I have to be careful.”

Today, the Suffolk County District Attorney told WBZ, in part, “The investigation did not reveal driver impairment, distraction, excessive speed, failure to signal, or disregard of a known risk.”

Boston Police say they stand by their investigation and say there is no hard evidence to prosecute the driver.

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