According to a recent news feature from the Washington Post, witnesses reported a Toyota SUV driving from Boston’s Chinatown Neighborhood to Dorchester with a woman trapped beneath the undercarriage of the vehicle. They reported seeing her legs extending from under the rear bumper on this ride of several miles in length after the car crashed into two pedestrians in Chinatown and dragged one of them, a middle-aged woman.
Witnesses also said the woman could clearly be heard screaming as the SUV was dragging her down the bumpy streets of downtown Boston. One of the witnesses said she first thought the screaming was some type of car alarm.
When police caught up with alleged at-fault driver, they found that, luckily, the victim was still alive, but she had reportedly suffered severe bodily injury as a result of being dragged under the SUV for more than three miles. After speaking with driver, Boston Police officers placed her under arrest for assault and battery with a dangerous weapon (car).
At her initial appearance at her arraignment in First Session of the Boston Municipal Court (BMC), the judge ordered the 45-year-old defendant to be held on $5,000 cash bail. In the Commonwealth of Massachusetts, bail is normally set with a cash amount and much higher surety amount. For example, a $5,000 cash bond would likely include a $50,000 surety option. A surety is what a bail-bonding agent would normally charge, and defendant would pay the bonding agent ten percent of the surety. Basically, a defendant would pay $5,000 to the bondsman to get him or her to put a surety. In the Commonwealth of Massachusetts, defendants post ten percent with the court and then get it back at the end of the case. The reason for this is to get rid of the need for bondsmen and bounty hunters in Massachusetts.
As for this case, her lawyer told the judge that she should have a lower bail, or be released on personal recognizance, because, while she admittedly hit two victims in this serious Boston car crash and dragged one of them, she did not know the victim was under her car. She allegedly said she thought something was wrong with her vehicle and pulled over as soon as she could to see what was wrong. Once she realized that somebody was trapped under the car, her attorney said she immediately offered assistance.
One of the interesting things about this series of events is that she was charged with an intentional felony of assault and battery with a dangerous weapon. In order to prove that charge, it would be necessary to prove she intentionally dragged the victim, and this might be difficult to prove. On the other hand, in a civil car accident lawsuit in Boston, it is necessary to prove that a person failed to act as a reasonable and prudent person so as to prevent harm to others.
It should be noted that defendant has not been convicted of any crime in connection with this recent accident and is presumed innocent unless and until she is found guilty in a court of law.
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.
Woman dragged for miles after being hit by car, police say, February 5, 2016, Boston Globe, By Eric Moskowitz and John R. Ellement
More Blog Entries:
Pedestrian Dragged Hundreds of Feet in Car Crash – Western Massachusetts, June 13, 2015, Boston Car Accident Attorney Blog