Barnstable County, Massachusetts and Cape Cod is known for beautiful colonial homes along the historic coast. According to a recent news article from My Fox Boston, a 20-year-old alleged drunk driver crashed his pickup truck into a Cape Cod house built in 1769.
The historic residence and its adjacent antiques shop is located at the end of Route 130. Authorities say when you come to the end of the road, you have to either turn right on Route 28 or turn left on Route 28, but instead, alleged drunk driver did not turn left or right and headed straight across Route 28 and plowed into the 246-year-old home, while the owners were sleeping inside at around 1:15 a.m. The truck also took out a traffic control box on the side of the road before hitting the house.
The elderly couple who own the home said they were upstairs sleeping when they heard the tremendous crash. They went downstairs to find a Dodge Ram 2500 pickup truck in their home. The truck had managed to get as far into the home as its rear doors before coming to a stop. Fortunately, the residents of the home were not injured in the crash. The driver is said to have suffered superficial lacerations to his face and was taken to a local hospital for treatment prior to being taken to the police station to be booked and charged with operating a motor vehicle under the influence of intoxicating liquor or drugs (OUI), and reckless operation of a motor vehicle. Authorities recommended the home be evacuated, as the structural damage could cause a collapse in which the owners could be seriously injured or killed, but they opted not to abandon their home at this time.
As our Boston car accident attorneys can explain, drunk driving accidents work somewhat differently than car accidents in which the alleged at-fault driver is sober at the time of the accident. On the one hand, if a person was intoxicated at the time of an accident, it is often much easier to prove defendant breached his or her duty of due care to plaintiff during the accident, and this breach was the actual and proximate cause of the serious car accident.
On the other hand, defendant who is also charged with a criminal count, such as operating under the influence of liquor, will have a Fifth Amendment right to remain silent. This means he cannot be compelled to give testimony at a deposition or during a trail until the criminal matter has been disposed either by plea, finding of guilty at a bench trial, being given a guilty verdict following a jury trial, or being acquitted. It should be noted, if a person is found guilty of drunk driving beyond a reasonable doubt, it is very likely the insurance company will settle the case. It is also important to note that if drunk driver is acquitted, this does not mean you cannot win a civil case, because the standard of proof is much higher in a criminal case than a civil trial.
If you are injured in an accident in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment: 1-888-367-2900.
Police: Drunk driver crashes into 1769 Cape Cod house, July 2, 2015, My Fox Boston
More Blog Entries:
Woman Run Over by Own Car at Massachusetts Hotel, June 26, 2014, Boston Car Accident Lawyer Blog