January 28, 2011 (Press-News.org) Driver Acquitted of Criminal Charges for Fatal Chicopee Truck Accident
Article provided by Harris & Associates PC
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Almost a year after the fiery accident captured widespread media attention, a Holyoke man has been found not guilty of causing the death of a fuel-tanker driver in a multi-vehicle crash on Interstate 91. Although the driver was acquitted of criminal charges, he still may be found responsible for the trucker's death in a wrongful-death lawsuit.
Multi-Vehicle Crash
A state police investigation concluded that Victor Aponte Jr. lost control of his car when he entered I-91 northbound from I-391 in the area known as Chicopee Curve. Aponte struck another car, causing a chain reaction of crashes.
Witnesses said the tanker truck swerved to avoid hitting a car and veered off the interstate. The fuel tank then rolled down an embankment and burst into flames. The 43-year-old truck driver later died from burn injuries.
Aponte was charged with motor-vehicle homicide and negligent operation of a motor vehicle in relation to the accident. He pleaded innocent and was acquitted by a jury after a two-day trial.
Massachusetts Wrongful Death
In Massachusetts, someone who negligently causes the death of another person may be sued a wrongful-death lawsuit. Generally, a person is negligent when he or she fails to act with ordinary care or as a reasonably-prudent person would under similar circumstances. For example, someone may be sued for wrongful death if he or she drove without due care and caused a fatal accident.
According to Massachusetts General Laws, someone who negligently or by willful, wanton or reckless act causes the death of another person may be ordered to pay damages to the victim's family. Damages may include monetary compensation for:
-Loss of expected income
-Loss of services, protection, care, assistance and companionship
-Funeral and burial expenses
-Punitive damages if the at-fault person was malicious or grossly negligent in causing the death
A person may be sued for wrongful death and face criminal charges for the same incident. If the person is found not guilty of the criminal charges, he or she still may be held responsible for the death in a wrongful-death lawsuit. This is because the level of proof required for a criminal conviction is higher than the level of proof required in a wrongful-death lawsuit.
If you lost a family member in an accident, contact an experienced personal injury lawyer in your area. An attorney experienced in wrongful-death cases can discuss any legal claims you may have as well as the impact of criminal charges on your claims.
Driver Acquitted of Criminal Charges for Fatal Chicopee Truck Accident
A man was acquitted of criminal charges for a fiery multi-vehicle crash on Interstate 91. But, he could be found responsible for a fatality in a wrongful-death lawsuit.
2011-01-28
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[Press-News.org] Driver Acquitted of Criminal Charges for Fatal Chicopee Truck AccidentA man was acquitted of criminal charges for a fiery multi-vehicle crash on Interstate 91. But, he could be found responsible for a fatality in a wrongful-death lawsuit.