So far, there have not been many cold days this fall going into what is officially Winter. With this odd weather pattern and temperatures being higher than normal, we tend to get a lot of foggy morning weather. We are also getting rain instead of snow.
There is no question it is more dangerous to drive in dense fog, but that does not mean that any time an accident occurs, the at-fault driver can avoid liability to plaintiff for his or her injuries because it was difficult to drive with such poor visibility. In the Commonwealth of Massachusetts, the law imposes a duty on every driver to operate his or her motor vehicle in a reasonable and prudent manner so as to prevent foreseeable injury to foreseeable persons and places.
Driving in a reasonable and prudent manner means driving at an appropriate speed for the current conditions. If visibility is impaired on a dark night or a foggy morning, then it may be necessary to drive slower and make sure vehicle lights are on. If it is actually impossible to see because the fog is so dense, the only reasonable and prudent thing to do may be to not drive until the fog lifts. While this may cause you to be late for work, it can prevent a serious personal injury or death, and that is always the higher priority in the eyes of the law and most jurors.
According to a recent news article from the Wilmington Patch, a woman is dead after she allegedly crossed over the double yellow line on Route 62 until she veered off the road on the side of the opposing lane of traffic. At this point, her car is thought to have hit a tree, which sent the car bouncing back until it collided with a house.
When authorities arrived on the scene, the found the woman’s Honda had hit the corner of the home and caused a substantial amount of structural damage. The female driver was the only one in the car, and she was pronounced dead at the scene.
At the time of this serious Middlesex County car accident, the homeowner and two other people were inside at the time the car came crashing through their residential building, but, fortunately, nobody else was injured. However, the building engineer did come out to the car crash scene to see how much damage was done to the building and to see if it was still structurally sound. The district attorney’s office is also participating in the investigation. Even though there is no indication criminal activity played a part in the accident, under Commonwealth of Massachusetts law, any death that is not determined be from natural causes is investigated if only to rule out criminal activity.
The Massachusetts State Police and its accident reconstruction team will also be participating in the investigation, as they do after every fatal car accident in the Commonwealth of Massachusetts. While authorities still do not know the cause of her car initially veering of the road and hitting the tree to put the series of events into motion that eventually ended with her death, they wish to express their condolences to the friends and family of the victim.
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.
UPDATED: Wilmington Woman Killed in Car Accident Friday Morning, December 11, 2015, Wilmington Patch, By Liz Taurasi
More Blog Entries:
Floyd-Tunnell v. Shelter Mut. Ins. Co. Uninsured Motorist Coverage and Stacking, July 3, 2014, Boston Car Accident Lawyer Blog