A fatal Boston-area New Year’s Eve car accident has resulted in the arrest of one driver. The fatal accident occurred when the drunk driver collided head on into another vehicle while traveling the wrong way across a local bridge. The man was arraigned for felony vehicular homicide and several drunken driving charges while still in in his hospital bed. The victim in his vehicle was killed in the fatal car crash. All four people involved in the crash were injured and the driver’s passenger was pronounced dead at the hospital. Police are continuing to investigate the accident and the events that led up to it. Police have commented that the driver may have been over-served alcohol prior to the accident and that any such establishment that did so could face consequences.
The surviving family members of a loved one lost to a car accident may be eligible to bring a wrongful death action against any negligent parties for compensation. This action is typically pursued by the personal representative of the decedent’s estate. Family members, including spouses, children and sometimes parents may bring a wrongful death action to recover for the damages that they have suffered as a result of the death of their loved one. Compensation for medical and funeral expenses, loss of support and services, pain and suffering and loss of companionship may all be available following a situation such as this.
A common defendant in a wrongful death cause of action often includes the negligent driver, including a driver that drives drunk and causes an accident. Additionally, some states have dram shop acts which sometimes hold the owner of an establishment where the drunk driver was served liable for negligence in some situations. Massachusetts has a dram shop act that makes the owner of a tavern that over-serves liquor to a driver that later injures or kills another party liable in some instances. In some instances, the victim’s family also may be able to recover compensation from such an owner.
Following the loss of a loved one, family members may seek to hold several defendants responsible for the allegedly wrongful death. Family members may wish to seek such a cause of action to compensate them for the loss by whatever measures the legal system makes available.
Source: Newburyportnews.com, “Man charged in fatal car accident,” Dave Rogers, Jan. 3, 2013
