A driver from Mattapan who killed a pedestrian in November 2013 was arraigned on charges related to the accident on July 25. The driver, whose blood alcohol level was measured at .14 percent after the accident, is charged with motor vehicle homicide while operating under the influence and manslaughter by motor vehicle.
The Suffolk County District Attorney’s Office reported that the pedestrian accident took place on Cummings Highway as the 48-year-old pedestrian was standing on the sidewalk in front of Crest Liquors. An SUV, driven by a 53-year-old man, struck the pedestrian and dragged him for several feet. The vehicle was traveling fast enough to tear a fire hydrant from its mounting after striking it.
The pedestrian was killed instantly, and the driver was transported to an area hospital where his blood alcohol level was measured. If found guilty of the aforementioned charges, the driver faces mandatory sentencing of five years in prison for the manslaughter charge and one year for the motor vehicle homicide charge.
Attorneys representing the family of the decedent in a wrongful death lawsuit could to use the results from the blood test and the criminal charges against as evidence of the SUV driver’s negligence. In Massachusetts, a successful lawsuit could see the family of a decedent awarded compensation for that person’s final expenses and estimated future income. The latter would stem from those plaintiffs having been dependent on the victim’s wages. Additionally, if the actions of a defendant are found to be grossly negligent, willful, malicious or reckless, punitive damages could be awarded via civil litigation.
Source: Boston.com, “Man in Pedestrian Death Case“, Eric Levenson, July 25, 2014