Negligent Operation of Motor Vehicle MGL c. 90 § 24(2)(a), Client accepts 3 month CWOF to avoid trial of a multiple car crash.

• Steven Topazio wrote this May 25, 2016 at 5:14 pm

The client, a 62 year property manager, retained Attorney Topazio after being summonsed to court for the charge of negligent operation of a motor vehicle after he was involved in a three car crash on Route 24 North in Brockton.  According to the police report, three vehicles were involved in the crash with major damage.  Brockton Police Department, Fire, and EMS responded to the scene.  The police investigation revealed that the client was entering Route 24 North from Route 27 ramp at an excessive speed and could not make the turn and went straight across the ramp, over the curbing, crossing over a grassy infield, and into traffic.  The client’s vehicle crossed over the breakdown lane and first travel lane when he was struck and then crashed into a third vehicle forcing that vehicle into the median barrier.  All three operators were transported via ambulance to a local hospital.  Two independent witnesses to the crash reported to police that the client was speeding out of control and came across the highway and caused the crash.  Tire marks on the roadway confirmed the witnesses’ statements.  Attorney Topazio challenged the case and filed a motion to dismiss.  Negligent operation of a motor vehicle requires the Commonwealth to prove that the defendant drove negligently in a manner that might have endangered the lives or safety of other people.  A person acts negligently when he fails to use due care, that is, when he acts in a way that a reasonable person would not act. This can happen either by doing something that a reasonably prudent person would not do under those circumstances, or by failing to do something that a reasonably prudent person would do. Attorney Topazio argued that the crash was nothing more than an accident and that his client did not act negligently if he drove in a way that a reasonable person would have, and thereby did not create an unnecessary danger to other people, a danger that he could have avoided by driving more carefully.  Despite the arguments, Attorney Topazio had to assist his client in the several civil law suits that followed.  Although the client did not have sufficient insurance coverage to settle all the claims, Attorney Topazio was successful in resolving the civil lawsuits within the limits of his client’s policy.  Today, Attorney Topazio convinced the court to give his client a three (3) month continuance without a finding (CWOF) after an admission to sufficient facts.