The truck driver had passed the cyclist shortly before initiating his wide ride turn. According to the American Truckers Association, drivers have a responsibility to "control" the road to their right before making such a turn.
The swing left to turn right method used by the truck driver is NOT the recommended method for making this turn.
Check out the American Truckers Associations Safety Council video:
There were so many things wrong with this situation it's hard to know where to begin.
Would you change lanes if you couldn't see what was going on in the lane next to you? Doing so would be irresponsible. If truck mirrors don't allow a clear view of the adjacent lane, trucks shouldn't be on the roads or their mirrors should be modified to make them safer. Not being able to see is no excuse.
Trucks need to be outfitted with some type of bumper system to prevent cyclists and pedestrians from being run over by their wheels. It is unconscionable that this still is not federal law.
It looks like the Mass Ave bridge has added a separated bike lane. Better late than never but given the very high volume of cyclists who use this bridge, this should have been done many years ago.
Should the truck driver be charged? Absolutely. I'm willing to overlook the "hit and run" aspect because it's entirely possible the driver didn't know he hit the pedestrian. I'm not willing, however, to overlook the fact that he had just passed the cyclist. I'm not willing to overlook the fact that he made his turn at much too high a speed. I'm not willing to overlook the fact that he failed to use the preferred turning method recommended by the American Truckers Association. The preferred method calls for securing the right lane and then swinging wide AFTER you make the turn. This driver opted to swing wide BEFORE he made the turn.
Why charge the driver since he probably feels bad enough? Regardless of what penalties the driver might incur, if any, the law still has to protect cyclists. A major component of our legal system is, or at least should be, public education. I think the driver acted negligently in this case and the law should say so.
Was the truck an illegal size? According to the head of Mass Bike, the truck length complied with the law. It was the maximum length allowed.