Legal Analysis By Attorneys
Breaking Legal News
48-year-old David Delgado is facing multiple charges after he allegedly fatally struck two pedestrians with his vehicle in Chicopee on Friday night.
Police were called the 460 block of Chicopee Street at around 10:29 p.m. on Friday on reports of a car hitting two pedestrians on the sidewalk. Responding officers found a man and woman who had been struck by a vehicle while walking along the sidewalk. The car was stuck inside of a fence when officers arrived.
Officers were notified that Delgado had allegedly left the scene of the accident on foot. He was located nearby a short time later and detained. Officers said they smelled alcohol coming from Delgado and noted that he had bloodshot eyes and slurred speech.
The 24-year-old woman and 23-year-old man who were struck by Delgado were rushed to a nearby hospital, where the woman later died. Their names have not been released.
Delgado has been charged with operating under the influence of alcohol, leaving the scene of a personal injury/fatal crash, and motor vehicle homicide-OUI/negligent operation. He is being held on $20,000 bail.
Attorney contributor Kim Dougherty represents families affected by drunk driving accidents, helping them recover financial compensation for injuries and deaths. We've asked Kim to add some thoughts on the legal options available to these families in Massachusetts:
After a drunk driving accident, it's important for the victims and their families to get the full financial compensation they are entitled to. In Massachusetts and many other states, these individuals may have the right to file two different types of lawsuits - a personal injury lawsuit against the person who injured them and a dram shop claim against the alcohol vendor who served the drunk driver.
In order to have grounds for a dram shop claim in Massachusetts, the injured person's legal counsel must establish that the vendor continued to serve alcohol to the person who caused their injuries even though that person was visibly intoxicated.
For example, if the person who caused a drunk driving accident was slurring their words and unable to sit up, but the bar kept serving them alcohol, that bar could be held liable if the people injured by the drunk driver file a lawsuit.
Each drunk driving case is unique. If you or someone you love has suffered serious injuries after being hit by a drunk driver, you can learn more about your legal options by speaking to an experienced drunk driving accident victims lawyer.
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