Leonardo Angiulo: When a Car Accident Isn’t Just an Accident
Email to a friend
Permalink
Monday, April 07, 2014
Leonardo Angiulo, GoLocalWorcester Legal Contributor
How can you tell the difference between a car accident and criminal conduct?
From time to time we see news stories involving serious car accidents. It could be a
http://www.golocalworcester.com/news/new-winter-weather-advisory-in-effect-sunday-night-into-monday/" target="_blank">massive pile up on I-290 because of winter weather or maybe it's just circumstances that cause
http://www.golocalworcester.com/news/most-dangerous-intersections-in-new-england1/ " target="_blank">frequent collisions in certain locations. Still other times it's a person alleged to be under the influence of alcohol failing to keep their car under control that draws media attention.
It is easy to believe we can tell the difference between a car accident and criminal conduct. Are you driving to work in the morning and hit a patch of ice that sends you into a telephone pole? Simple accident, we're sure. How about driving home from the bar and the same thing happens? Popular belief might say this second situation is a one way ticket to the back of a police cruiser. What if you are driving to work, you're late, you're driving too fast and the telephone pole meets your car? What then?
Accidents where the driver is allegedly operating under the influence are readily identified as criminal. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24 " target="_blank">Massachusetts General Laws chapter 90, section 24 is maybe one of the longest statutes on the books today and defines a number of offenses including first as well as subsequent offenses of OUI. There are also several other related crimes including https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24L" target="_blank">causing serious bodily injury while OUI, Child Endangerment while OUI , and Homicide by motor vehicle.
A more difficult question is presented when there is car crash without any alcohol being involved. There is no question that sometimes things happen and it's not a crime. In that situation, the only consequence may be a civil suit between the parties where the person injured is compensated for the injuries caused by the operator's negligent driving.
In other situations, a person may be criminally liable if their behavior can be characterized as either criminally negligent or http://www.mass.gov/courts/docs/courts-and-judges/courts/district-court/jury-instructions-criminal/5260-operating-recklessly.pdf " target="_blank">criminally reckless. Importantly, it's not just the collision that turns a situation into a crime. As the jury instructions for both offenses point out, there are additional facts that the Commonwealth http://www.mass.gov/courts/docs/courts-and-judges/courts/district-court/jury-instructions-criminal/2160-presumption-of-innocence-burden-of-proof-unanimity.pdf " target="_blank">must prove beyond a reasonable doubt to secure a conviction. Those factors include, but are not limited to, rate of speed, the condition of their vehicle, weather related road conditions or the actions of any other vehicles and pedestrians.
As always, every case is different. Exactly where the line is between criminal and civil consequences for car accidents can't be defined for sure ahead of time. One sure way to leave this question in your rear view mirror is to avoid a crash in the first place.
Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at [email protected].
Related Slideshow: 60 Most Dangerous Intersections in New England - 2014
Using the most recent available data, GoLocalWorcester has compiled a list of the Most Dangerous Intersections in New England.
See the methodology here
Since different states chose different time spans in which to accumulate their data (3-10 years), GoLocal standardized the tallies to a 3-year sum.
Prev
Next
#60
Seymour, CT
Rt. 8 Mile Marker 18.58-18.81
Total Crashes: 11
Fatal Crashes: 0
Injury Crashes: 5
Crashes with Property Damage Only: 6
Source: CT DOT
Prev
Next
#59
Wethersfield, CT
Rt. 287 Mile Marker 1.58 (Near Rte 287 + Merritt Parkway)
Total Crashes: 22
Fatal Crashes: 0
Injury Crashes: 6
Crashes with Property Damage Only: 16
Source: CT DOT
Prev
Next
#58
Vernon, CT
Rt. 83 Mile Marker 11.80-11.89 (Route 83 + Route 30)
Total Crashes: 25
Fatal Crashes: 0
Injury Crashes: 7
Crashes with Property Damage Only: 18
Source: CT DOT
Prev
Next
#57
Hudson, NH
NH 111 (Ferry St.) + NH 3A (Chester St./Derry Rd.)
Total Crashes: 27.6
Fatal Crashes: 0
Injury Crashes: 7.5
Crashes with Property Damage Only: 20.1
Source: NH DOT
Prev
Next
#56
Tilton, NH
US 3 (Laconia Rd.) + NH 140 (Tilton Rd.)/1-93 NB Ex 20 Ramps)
Total Crashes: 20.7
Fatal Crashes: 0
Injury Crashes: 8.7
Crashes with Property Damage Only: 12
Source: NH DOT
Prev
Next
#55
Nashua, NH
Main St. + Canal St./Franklin St.
Total Crashes: 24.6
Fatal Crashes: 0
Injury Crashes: 9.3
Crashes with Property Damage Only: 15.3
Photo: Flickr/Bettyx1138
Source: NH DOT
Prev
Next
#54
Nashua, NH
Main St. + NH 111 (Spring St./Kinsley St.)
Total Crashes: 23.1
Fatal Crashes: 0
Injury Crashes: 9.6
Crashes with Property Damage Only: 13.5
Source: NH DOT
Prev
Next
#53
Salem, NH
NH 28 (N/S Broadway) + NH 38/NH 97 (Main St.)
Total Crashes: 22.5
Fatal Crashes: 0
Injury Crashes: 10.2
Crashes with Property Damage Only: 12.3
Source: NH DOT
Prev
Next
#52
Bridgeport, CT
Rt. 127 Mile Marker 1.02 (Rte 127 + Stillman St)
Total Crashes: 18
Fatal Crashes: 0
Injury Crashes: 11
Crashes with Property Damage Only: 7
Source: CT DOT
Prev
Next
#51
Concord, NH
NH 9 (Loudon Rd.) + D'Amante Dr. (Steeplegate Mall)
Total Crashes: 21.6
Fatal Crashes: 0
Injury Crashes: 10.5
Crashes with Property Damage Only: 11.1
Source: NH DOT
Prev
Next
#50
Williston, VT
94 US-2 + VT-2A
Total Crashes: 43.8
Fatal Crashes: 0
Injury Crashes: 8.4
Crashes with Property Damage Only: 38.4
Source: VT DOT
Prev
Next
#49
Manchester, NH
Bridge St. + NH 285 (Beech St.)
Total Crashes: 20.7
Fatal Crashes: 0
Injury Crashes: 12.6
Crashes with Property Damage Only: 8.1
Source: NH DOT
Prev
Next
#48
Concord, NH
NH 9 (Loudon Rd.) + Fort Eddy Rd./I-93 NB Ex 14 Off-Ramp
Total Crashes: 29.4
Fatal Crashes: 0
Injury Crashes: 11.7
Crashes with Property Damage Only: 17.7
Source: NH DOT
Prev
Next
#47
Berlin, VT
23 VT-62 + Berlin State Highway: Fisher Rd.
Total Crashes: 37.2
Fatal Crashes: 0
Injury Crashes: 10.2
Crashes with Property Damage Only: 30
Source: VT DOT
Prev
Next
#46
Bridgeport, CT
Rt. 127 Mile Marker .64 (Rte 127 + Barnum Ave)
Total Crashes: 31
Fatal Crashes: 0
Injury Crashes: 12
Crashes with Property Damage Only: 19
Source: CT DOT
Prev
Next
#45
Nashua, NH
Main St. + East Hollis St./West Hollis St.
Total Crashes: 24.9
Fatal Crashes: 0
Injury Crashes: 14.1
Crashes with Property Damage Only: 10.8
Source: NH DOT
Prev
Next
#44
Burlington, VT
11 US-7 + Main St., US-2
Total Crashes: 49.2
Fatal Crashes: 0
Injury Crashes: 10.2
Crashes with Property Damage Only: 42
Source: VT DOT
Prev
Next
#43
Waterbury, CT
Rt. 69 Mile Marker 18.39-18.49
Total Crashes: 55
Fatal Crashes: 0
Injury Crashes: 14
Crashes with Property Damage Only: 41
Source: CT DOT
Prev
Next
#42
Portland, ME
Fort Ave., Hartley St. + Forest Ave., Holly St.
Total Crashes: 45
Fatal Crashes: 0
Injury Crashes: 21
Crashes with Property Damage Only: 23
Source: ME DOT
Prev
Next
#41
Portland, ME
Fore River Pkwy. + Valley St., W. Commercial St.
Total Crashes: 64
Fatal Crashes: 0
Injury Crashes: 18
Crashes with Property Damage Only: 46
Source: ME DOT
Prev
Next
#40
Manchester, NH
NH 285 (Beech St.) + Cilley Rd.
Total Crashes: 20.4
Fatal Crashes: 0
Injury Crashes: 23.4
Crashes with Property Damage Only: 8.7
Source: NH DOT
Prev
Next
#39
Portland, ME
Allen Ave., Entrance to McDonalds + Z Rd., Forest Ave.
Total Crashes: 58
Fatal Crashes: 0
Injury Crashes: 20
Crashes with Property Damage Only: 38
Source: ME DOT
Prev
Next
#38
Westbrook, ME
Cumberland St. + Warren Ave.
Total Crashes: 83
Fatal Crashes: 0
Injury Crashes: 17
Crashes with Property Damage Only: 66
Source: ME DOT
Prev
Next
#37
Wallingford, CT
Rt. 5 Mile Marker 9.35-9.36
Total Crashes: 51
Fatal Crashes: 0
Injury Crashes: 22
Crashes with Property Damage Only: 29
Source: CT DOT
Prev
Next
#36
Berkshire, VT
4 FAS 0302, FAS 0307 + Town Rd. 0004
Total Crashes: 3.6
Fatal Crashes: 0.6
Injury Crashes: 3.6
Crashes with Property Damage Only: 0.6
Source: VT DOT
Prev
Next
#35
Williston, VT
67 US-2 + Industrial Ave.
Total Crashes: 20.4
Fatal Crashes: 0.6
Injury Crashes: 3
Crashes with Property Damage Only: 18
Photo: Flickr/Craig O'Neal
Source: VT DOT
Prev
Next
#34
Augusta, ME
Memorial Circle + Western Ave.
Total Crashes: 107
Fatal Crashes: 0
Injury Crashes: 19
Crashes with Property Damage Only: 88
Source: ME DOT
Prev
Next
#33
Burlington, VT
35 Main St. + St. Paul St.
Total Crashes: 18
Fatal Crashes: 0.6
Injury Crashes: 4.8
Crashes with Property Damage Only: 13.2
Source: VT DOT
Prev
Next
#32
Hartford, VT
7 US-5 + VT-14, US-4
Total Crashes: 31.8
Fatal Crashes: 0.6
Injury Crashes: 3.6
Crashes with Property Damage Only: 28.2
Source: VT DOT
Prev
Next
#31
Burlington, VT
5 Colchester Ave. + Barrett St.
Total Crashes: 20.4
Fatal Crashes: 0.6
Injury Crashes: 5.4
Crashes with Property Damage Only: 15
Source: VT DOT
Prev
Next
#30
Augusta, ME
Bangor St. + Cony Circle, Cony St.
Total Crashes: 126
Fatal Crashes: 0
Injury Crashes: 19
Crashes with Property Damage Only: 106
Photo: Flickr/Peter Gene
Source: ME DOT
Prev
Next
#29
Winooski City, VT
2 US-7, E. Canal St. + W. Allen St., VT-15, W. Center St.
Total Crashes: 103.2
Fatal Crashes: 0
Injury Crashes: 22.8
Crashes with Property Damage Only: 86.4
Source: VT DOT
Prev
Next
#28
Augusta, ME
Ramp off to Western Ave. + Western Ave.
Total Crashes: 99
Fatal Crashes: 0
Injury Crashes: 26
Crashes with Property Damage Only: 73
Source: ME DOT
Prev
Next
#27
Lowell, MA
Bridge St. + Veterans of Foreign Wars Highway
Total Crashes: 112
Fatal Crashes: 0
Injury Crashes: 34
Crashes with Property Damage Only: 78
Photo: Flickr/Peter Gene
Source: MA DOT
Prev
Next
#26
Hartford, CT
Rt. 44 Mile Marker 53.63 (Route 44 & Main St)
Total Crashes: 129
Fatal Crashes: 0
Injury Crashes: 38
Crashes with Property Damage Only: 91
Source: CT DOT
Prev
Next
#25
Holyoke, MA
Holyoke St. + Holyoke Mall at Ingleside
Total Crashes: 198
Fatal Crashes: 0
Injury Crashes: 29
Crashes with Property Damage Only: 169
Source: MA DOT
Prev
Next
#24
Lowell, MA
Veterans of Foreign Wars Highway + Varnum Ave.
Total Crashes: 165
Fatal Crashes: 0
Injury Crashes: 37
Crashes with Property Damage Only: 128
Source: MA DOT
Prev
Next
#23
Lewiston, ME
Old Greene Rd. + Randall Rd., Sabattus St.
Total Crashes: 33
Fatal Crashes: 1
Injury Crashes: 9
Crashes with Property Damage Only: 23
Photo: Flickr/Perthhdproductions
Source: ME DOT
Prev
Next
#22
Bangor, ME
Broadway, Hobart St. + Broadway, Burleigh Rd., Griffin Rd.
Total Crashes: 33
Fatal Crashes: 1
Injury Crashes: 13
Crashes with Property Damage Only: 19
Photo: Flickr/Ajimaxx
Source: ME DOT
Prev
Next
#21
Rutland City, VT
47 US-7 + US-4
Total Crashes: 40.2
Fatal Crashes: 1.2
Injury Crashes: 6
Crashes with Property Damage Only: 35.4
Photo: Flickr/Doug Kerr
Source: VT DOT
Prev
Next
#20
Cambridge, MA
Massachusetts Ave. + Vassar St.
Total Crashes: 41
Fatal Crashes: 1
Injury Crashes: 19
Crashes with Property Damage Only: 21
Photo: Flickr/The_th
Source: MA DOT
Prev
Next
#19
Worcester, MA
Main St. + Mill St.
Total Crashes: 53
Fatal Crashes: 1
Injury Crashes: 18
Crashes with Property Damage Only: 34
Photo: Flickr/jburwen
Source: MA DOT
Prev
Next
#18
Holyoke, MA
Main St. + Cabot St.
Total Crashes: 57
Fatal Crashes: 1
Injury Crashes: 18
Crashes with Property Damage Only: 38
Photo: Flickr/Nanypinya
Source: MA DOT
Prev
Next
#17
Waltham, MA
Main St. + Lyman St.
Total Crashes: 73
Fatal Crashes: 1
Injury Crashes: 18
Crashes with Property Damage Only: 54
Source: MA DOT
Prev
Next
#16
Bridgton, ME
Portland Rd., Willis Park Rd. + Portland Rd., Sandy Creek Rd.
Total Crashes: 20
Fatal Crashes: 2
Injury Crashes: 6
Crashes with Property Damage Only: 12
Photo: Flickr/gillicious
Source: ME DOT
Prev
Next
#15
Lincoln, RI
Interstate 295 + Exit 9 (RI 146)
Total Crashes: 160
Fatal Crashes: 1
Injury Crashes: 36
Crashes with Property Damage Only: 123
Photo: Flickr/Doug Kerr
Source: RI DOT
Prev
Next
#14
Stoughton, MA
Canton St. + School St.
Total Crashes: 39
Fatal Crashes: 2
Injury Crashes: 10
Crashes with Property Damage Only: 27
Photo: Flickr/Peter Gene
Source: MA DOT
Prev
Next
#13
Chelsea, MA
Revere Beach Pkwy. + Washington Ave.
Total Crashes: 39
Fatal Crashes: 2
Injury Crashes: 11
Crashes with Property Damage Only: 26
Photo: Flickr/Bettyx1138
Source: MA DOT
Prev
Next
#12
Warwick, RI
RI 37 + US 1 (Post Rd.)
Total Crashes: 293
Fatal Crashes: 0
Injury Crashes: 69
Crashes with Property Damage Only: 224
Photo: Flickr/eliduke
Source: RI DOT
Prev
Next
#11
North Smithfield, RI
RI 146 + Sayles Hill Rd.
Total Crashes: 193
Fatal Crashes: 1
Injury Crashes: 37
Crashes with Property Damage Only: 155
Source: RI DOT
Prev
Next
#10
Warwick, RI
Interstate 95 + Exit 14 (RI 37)/Exit 15 (Jefferson Blvd.)
Total Crashes: 181
Fatal Crashes: 1
Injury Crashes: 50
Crashes with Property Damage Only: 130
Photo: Flickr/ER24 EMS (Pty) Ltd.
Source: RI DOT
Prev
Next
#9
Johnston, RI
Interstate 295 + Exit 6 (US 6/US 6A)
Total Crashes: 179
Fatal Crashes: 1
Injury Crashes: 54
Crashes with Property Damage Only: 124
Photo: Flickr/Doug Kerr
Source: RI DOT
Prev
Next
#8
Cranston, RI
RI 2 Reservoir Ave. + RI 12 (Park Ave.)
Total Crashes: 234
Fatal Crashes: 1
Injury Crashes: 47
Crashes with Property Damage Only: 186
Source: RI DOT
Prev
Next
#7
Hopkinton, RI
RI 138 (Spring St.) + Wincheck Pond Rd. to Soap House Ln.
Total Crashes: 4
Fatal Crashes: 3
Injury Crashes: 0
Crashes with Property Damage Only: 1
Source: RI DOT
Prev
Next
#6
Middletown, CT
Rt. 17 Mile Marker 21.55-22.14
Total Crashes: 372
Fatal Crashes: 0
Injury Crashes: 107
Crashes with Property Damage Only: 265
Source: CT DOT
Prev
Next
#5
Charlestown, RI
US Post Rd. SB + Kings Factory Rd. to RI 216 (Ross Hill Rd.)
Total Crashes: 51
Fatal Crashes: 3
Injury Crashes: 8
Crashes with Property Damage Only: 40
Source: RI DOT
Prev
Next
#4
Providence, RI
Interstate 95 + Exit 18 (Thurbers Ave.)
Total Crashes: 296
Fatal Crashes: 1
Injury Crashes: 79
Crashes with Property Damage Only: 216
Source: RI DOT
Prev
Next
#3
Somerville, MA
Mystic Ave. + Fellsway
Total Crashes: 91
Fatal Crashes: 3
Injury Crashes: 24
Crashes with Property Damage Only: 64
Source: MA DOT
Prev
Next
#2
Pawtucket, RI
Interstate 95 + Exit 29 (US 1/Broadway/Cottage St.)
Total Crashes: 191
Fatal Crashes: 2
Injury Crashes: 55
Crashes with Property Damage Only: 134
Source: RI DOT
Prev
Next
#1
New Haven, CT
Merritt Parkway Mile Marker 46.42-47.03
Total Crashes: 561
Fatal Crashes: 0
Injury Crashes: 125
Crashes with Property Damage Only: 436
Source: CT DOT
Related Articles
Enjoy this post? Share it with others.
Email to a friend
Permalink
Follow us on Pinterest Google + Facebook Twitter See It Read It