On April 8, 2011 a Massachusetts woman was arrested for her involvement in a fatal automobile accident that occurred in Waterford, Massachusetts. The woman had been driving on Interstate 395 when she rear-ended the vehicle in front of her, causing it to lose control. Upon loss of control, the vehicle drove into the guardrail on its passenger side. The driver of the vehicle is currently in critical condition after suffering severe head and chest injuries and the passenger was killed after suffering similar injuries.
The woman was arrested at the scene of the crime for driving while under the influence, and for the possession of marijuana and narcotics. She was not injured in the accident and was scheduled to appear in court on April 11, 2011. . The National Highway Traffic Safety Administration has reported that 11,000 people are killed every year in accidents that involve drunk or impaired drivers. This is approximately one-third of all fatal automobile accidents.
In the Commonwealth of Massachusetts, it is a felony if a person operates a motor vehicle on a public way while under the influence of intoxicating liquor or drugs, and does so recklessly or negligently so that the safety of the public may be endangered, and by this operation causes the death of another person. It is a misdemeanor, a less severe offense, if the person operates a motor vehicle on a public way while under the influence or recklessly or negligently so that the safety of the public may be endangered. Therefore, if the operator of a vehicle is driving recklessly or negligently while under the influence of alcohol, and causes the death of another person, they can be convicted of a felony in the Commonwealth of Massachusetts.
It is irrelevant whether the other vehicle involved was driving negligently and contributed to the accident. It is necessary that a defendant's actions proximately caused the death of the victim. Proximate cause requires that the defendant knew or should have known that their actions could result in the injury at issue, and that had it not been for the defendant's conduct, the accident would not have happened. It does not matter whether the defendant intended to harm anyone or not.
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