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Massachusetts DA considering additional charges in fatality

On Oct. 5, a 53-year-old male bicycle rider on his way to Mass was hit by a car near Shaw and Allen Streets in Braintree. He was taken to the hospital but died the following evening due to head trauma. He was not wearing a helmet at the time of the accident. The 41-year-old man who hit the cyclist was arrested at the scene for driving under the influence. Allegedly, the driver of the car had also been arrested 48 hours prior to the accident by the Weymouth police for driving under the influence of drugs, but he posted a $40 bond and was released about 12 hours prior to this incident. The victim’s family members are requesting that the DA upgrade the charges. In Massachusetts, OUI is punishable by a fine, imprisonment or both. For repeat offenders, the amount of the fine and the length of incarceration are increased, and the courts may mandate a drug rehabilitation program. If someone is killed or injured due to someone driving intoxicated, the driver can face additional charges and penalties. If it can be shown that a person has died due to another’s negligence, family members may consider filing a wrongful death suit. Wrongful death is a civil suit and may be sought by family members even in the absence of criminal charges, though a criminal conviction may enhance the credibility of a civil suit. An attorney who is familiar with personal injury and wrongful death may be a good source of support and guidance in a case similar to this. Source: myFOXboston.com, “DA considers additional charges after victim of crash dies“, October 10, 2014

Aiken and Aiken P.C. Personal Injury Attorneys