Unfortunately, there is usually no way to be sure that another driver on the road is impaired until it is too late. Some drivers and others on our roads are lucky enough to avoid a drunk driving accident, but too many others are not quite as fortunate. Recently, a 64-year-old man driving through western Massachusetts had the misfortune of crossing paths with a driver police believe was impaired.
The preliminary report regarding the crash revealed that another driver had an open container in his SUV as he was speeding through the same area of western Massachusetts. The SUV, occupied by the driver and a passenger, was speeding toward an out-of-state driver's vehicle from the opposite direction. As the two vehicles approached one another, the SUV veered into the opposing lane and slammed into the other vehicle.
The driver, who turned out to be from Vermont, did not survive the impact. However, the driver and passenger of the SUV did survive, though not without suffering injuries. Both were taken to an area hospital. Their current conditions are not known. The driver of the SUV, who is also not from Massachusetts, faces charges of vehicular homicide and drunk driving.
It is doubtful that anyone could have predicted such a horrific drunk driving accident at 10:30 a.m. on a Sunday. The family of the deceased driver and the passenger in the SUV retain the right to file civil actions against the SUV driver. If the evidence documents that the man was impaired at the time of the crash, it may be offered in civil court to prove the driver's negligence. If it is shown in civil court that the negligent actions of the SUV driver caused or contributed to the death of the other driver and the injuries suffered by the SUV passenger, monetary damages may be awarded that could offset any financial losses incurred because of the accident.
Source: rutlandherald.com, Man faces charges in fatal crash, No author, Nov. 30, 2013