When an accident occurs in Boston or elsewhere, it is entirely possible for there to be both criminal charges and civil litigation for the same incident. It is also possible to be found not guilty in one court and liable in the other court. The most famous case like this was O.J. Simpson who was found not guilty of double homicide in criminal court and found liable for two deaths in civil court.
Several months ago we posted an article about a fatal pedestrian accident in Whitman. It now appears that the driver responsible man will be facing criminal charges for his role in a fatal pedestrian accident that killed a 38-year-old man and injured the 4-year-old daughter of the man’s long time girlfriend.
A 46-year-old man from Attleboro has been charged with negligent motor vehicle homicide, operating to endanger, speeding and failure to yield to a pedestrian. He can also be sued in civil court for the wrongful death of the 38-year-old and the personal injury to the young girl.
The accident took place when the young girl and her mother’s boyfriend were crossing Temple Street in Whitman at about 2:00 in the afternoon. The 46-year-old was driving a pickup truck when he struck the pair of pedestrians. According to officials, Temple Street is a known location for speeding violations.
The man was taken to Brockton Hospital where he was pronounced dead. The girl was taken to Massachusetts General Hospital by medical helicopter. The extent of her injuries was not made public.
In this case girl’s mother could seek compensation for her daughter’s personal injury and the family of the 38-year-old man can sue the 46-year-old for the wrongful death of their loved one.
Source: Boston Globe, “Man faces charges in pedestrian accident in Whitman that killed man, injured 4-year-old,” Sarah N. Mattero, Oct. 19, 2012
- At our Boston law firm, we represent individuals who are seriously injured or killed in a pedestrian accident such as the accident described in this post.