Family of motorcyclist killed in crash sues Rochester, driver and traffic light company
ROCHESTER — The family of a man killed in a motorcycle accident last year is suing the city, the driver of the car involved in the collision, and a company they say was contracted to repair traffic lights in the city.
Michael D. Collins Sr. of East Rochester was killed on Aug. 19, 2023, at approximately 7:41 p.m., when his motorcycle, a 2010 Harley Davidson Electra Glide, was struck by a 2016 Toyota Corolla, driven by Kimberlee Lynn Raymond, a resident of Rochester, at the intersection of South Main Street and Portland Street, according to the wrongful death lawsuit filed Tuesday in Strafford County Superior Court.
Collins Sr. was 55 at the time of his death, according to his obituary published by Edgerly Funeral Home.
Rochester City Attorney Terence O'Rourke declined to comment Tuesday, saying the city had not yet been served with the lawsuit. Raymond, the driver, also declined to comment.
Collins was traveling on South Main Street, and Raymond was driving on Portland Street, according to the lawsuit. The suit alleges the Corolla driver crossed the intersection, having failed to yield where the signaled traffic light was operating improperly, she with a flashing red light, and Collins with a flashing yellow. Collins was thrown from his bike and pinned underneath Raymond's car, dying from his injuries, the suit states.
The suit alleges the traffic light, operating in "safe mode," was confusing to motorists, and claims several Rochester police officers had reported the malfunction throughout the day. It also alleges the traffic light company had not responded to correct the malfunction. It also alleges Raymond was negligent in the operation of her car.
Electric Light Company could not be immediately reached for comment.
The civil suit was brought by Michael D. Collins Jr. of Richmond, Virginia, representing the estate of his father. Also named in the suit, in addition to the driver is the city of Rochester and Electric Light Company (dba as Electric Signal Repair) of Cape Neddick Maine, with a business address at 439 Middle St. Portsmouth. A jury trial has been requested.
The family is represented by Attorney Christopher Gavrielidis of Altman Nussbaum Shunnarah, Brockton, Massachusetts. He said the police accident report confirms police were aware the traffic light was not working properly.
The police report indicates a malfunctioning light was reported as early as 10 a.m. that day. It also states Collins had the right of way, and Raymond failed to stop at a red flashing light, according to the police accident reconstruction team.
"We are looking to bring justice to the Collins family," Gavrielidis said. "There are multiple partners who were negligent in this case, the driver yes. But the city could have done more to repair the light, and the company they contracted with did not respond in a timely manner."
In the lawsuit, Collins Jr. requests judgment be entered against the defendants, in an amount the "finder of fact deems fair and just, plus costs, interest, and reasonable attorneys’ fees where permitted by law." The suit specifically requests to be awarded expenses such as medical and funeral costs, wages the motorcyclist would have earned if he had not died and other damages.
This article originally appeared on Fosters Daily Democrat: Family of motorcyclist killed in Rochester crash sues city, driver
