Leonardo Angiulo: When a Car Accident Isn’t Just an Accident

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.

Leonardo Angiulo: When a Car Accident Isn’t Just an Accident

Related Slideshow: 60 Most Dangerous Intersections in New England - 2014

#60

Seymour, CT

#59

Wethersfield, CT

#58

Vernon, CT

#57

Hudson, NH

#56

Tilton, NH

#55

Nashua, NH

#54

Nashua, NH

#53

Salem, NH

#52

Bridgeport, CT

#51

Concord, NH

#50

Williston, VT

#49

Manchester, NH

#48

Concord, NH

#47

Berlin, VT

#46

Bridgeport, CT

#45

Nashua, NH

#44

Burlington, VT

#43

Waterbury, CT

#42

Portland, ME

#41

Portland, ME

#40

Manchester, NH

#39

Portland, ME

#38

Westbrook, ME

#37

Wallingford, CT

#36

Berkshire, VT

#35

Williston, VT

#34

Augusta, ME

#33

Burlington, VT

#32

Hartford, VT

#31

Burlington, VT

#30

Augusta, ME

#29

Winooski City, VT

#28

Augusta, ME

#27

Lowell, MA

#26

Hartford, CT

#25

Holyoke, MA

#24

Lowell, MA

#23

Lewiston, ME

#22

Bangor, ME