According to a recent news report from the Boston Herald, pregnant woman was it by a car in a two-vehicle accident and is now in critical care at the Massachusetts General Hospital (MGH). This woman is 24-years-old. While every accident is different, as the facts are never the same, this accident appears to be very far from an “accident” by any meaning of the word, based upon charges filed against alleged at-fault driver by local police and the Middlesex County District Attorney’s Office.
Authorities have said the driver, who is the same age as the victim, was driving his vehicle when he crashed into the victim’s Jeep in a manner that is alleged to be intentional. Police arrested alleged at-fault driver following the serious car accident and charged him with assault and battery by means of a dangerous weapon (ABDW). In this case, the dangerous weapon is alleged to be his vehicle. While we typically think of a dangerous weapon as gun or a knife, in the Commonwealth of Massachusetts, a dangerous weapon can be an item designed as a weapon, like a gun or knife, but it can also be any ordinary item, so long as it is being used as a weapon. For example, if someone kicks a victim while wearing a shoe, in the Commonwealth of Massachusetts, that can be charged as assault with a dangerous weapon, with the weapon being a “shod foot.” In this case, it is alleged that the car is the dangerous weapon, which his actually quite common.
It should be noted that the police have not released any other information as to the cause of this serious car accident, and it should also be noted that the defendant has merely been accused of committing a crime. As of this time, he has not been convicted of any charges and is presumed innocent unless and until he is found guilty beyond a reasonable doubt by a judge or jury.
While most car accidents involve negligent conduct, as opposed to intentional conduct such as ramming someone with a car, our Boston car accident lawyers handle these types of cases when they do occur.
One thing to keep in mind is, if you are the victim of an intentional crash, the local district attorney’s office will likely have a victim/witness advocate and an assistant district attorney contact you to discuss your role as a witness in the criminal prosecution of the alleged at-fault driver. While it is important that you work with the prosecutor, it is helpful to speak with your own car accident lawyer, who may assist you during this process and make sure that your rights as an accident victim are protected. While the prosecutor is looking to secure a conviction in most cases, his or her interests may not be be identical to yours as someone who is attempting to obtain a full and appropriate financial recovery in a car accident lawsuit or settlement.
Additionally, auto insurance companies may be reticent to pay claims that involve intentional misconduct. That’s why these cases need to be handled carefully.
If you are injured in an accident in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — (617) 777-7777.
Pregnant woman in critical condition after Haverhill car crash, May 12, 2016, Boston Herald, By Laurel J. Sweet
More Blog Entries:
Head-on Collision Caught on Camera in Newton, April 13, 2016, Boston Prom Accident Lawyer Blog