Fatal Massachusetts car accident leaves 1 Vermont man dead

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Wrongful Death, on Monday, November 10, 2014

A Williamstown accident involving a 35-year-old Rhode Island man and a 64-year-old victim from Vermont culminated in a sentence of time served on Nov. 4. The accident occurred on Route 7 on Cold Spring Road in Williamstown at approximately 10:30 a.m. on Nov. 24, 2013. The driver of a Ford Explorer struck a Hyundai Elantra after traveling into the other driver’s lane. The man told police that he believed a patch of ice on the road caused him to skid into the other lane. Police report that he was going approximately 70 mph in a 45-mph area when the accident occurred. The driver admitted to consuming two beers prior to the accident, but tests showed that his blood alcohol was only .06 percent, which is below the legal limit. The prosecution originally charged the Rhode Island man with felony vehicular homicide while under the influence of alcohol, arguing that his alcohol consumption combined with alleged illegal drug use was sufficient to demonstrate impairment. However, the court lowered the charges to vehicular homicide, which carries a lower maximum sentence. In addition, test results could not show that the man was impaired by illegal drugs at the time of the crash conclusively. The driver was given a sentence of time served, which came to a total of 343 days he was held in lieu of bail. The victim’s surviving wife and son have not indicated whether they plan to file a wrongful death lawsuit against the driver. While the prosecution determined that the man’s impairment could not be satisfactorily proven, his actions may still determine his liability in a civil case. The family may be eligible for compensation for funeral expenses, loss of companionship and other damages sustained because of the fatal accident. Source: The Berkshire Eagle , “R.I. man gets time served in fatal 2013 accident in Williamstown“, Andrew Amelinckx, November 05, 2014