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Articles Tagged with fatal motor vehicle accident

Police are trying to sort through the details of a tragic car accident that occurred in Newburyport on New Year’s Eve. The Massachusetts fatal accident took place with less than a half hour to go before 2013. A wrong way driver on the Gillis Bridge is said to have struck another car head on.

The 50-year-old driver had two passengers in his vehicle. One of them, a woman said to be 41 years old, died as a result of the injuries she sustained in the crash. All three, along with the driver whose car was struck, were taken to a local hospital. The female victim was declared dead. The driver, who is suspected of being intoxicated, was subsequently transferred to a Boston hospital, where he was arraigned on drunk driving allegations and a felony charge of vehicular manslaughter.

The other driver is a resident of Salisbury. Said to be 20 years old, he apparently escaped serious injury in the crash. The injuries sustained by the other passenger in the car of the wrong way driver were not detailed. Massachusetts authorities are looking into where the now criminally accused driver was prior to the fatal accident. Preliminary reports indicate that Salisbury and Newburyport police suspect the man may have been a patron of a bar or restaurant that may have served the driver alcohol in spite of indications he may have been drunk.

A wrongful death lawsuit is not limited to a fatal motor vehicle accident. Massachusetts law provides that any fatality which results from the negligent or intentional conduct of another party can properly be the subject of a wrongful death claim. In order to prevail, the victim’s surviving family must prove that negligence occurred in a manner that caused or contributed to the death that resulted. One incident recently reported involves an individual who died while in police custody in New Bedford.

The death occurred more than two years ago. The 42-year-old man was in police custody, though the reason for his detention is not clear. His family has now pressed forward with a wrongful death action against five Massachusetts police officers. Crucial evidence upon which the family relies in bringing the federal lawsuit is a surveillance video which recorded the events upon which the legal claims are based.

The video apparently shows that the man was pepper sprayed by one police officer, who also placed handcuffs on him. While the man thereafter was face down on the ground, the group of police officers are said to have ignored the man for at least 10 minutes before calling for medical assistance. It is claimed that the negligence of the officers in failing to adequately care for an individual in their custody led to the victim’s death.