A 58-year-old Essex County man from Andover was critically injured on Feb. 15 while attempting to cross Dascomb Road in the town. While reported details were sketchy, the car accident occurred at about 6p.m. near the intersection of Lovejoy Road. The man was actually stuck underneath a Honda Civic, and the vehicle had to be lifted off him in order to free him. He was initially transported to Lawrence General Hospital but then airlifted to Boston Medical Center. The names of the injured victim and the 56-year-old Honda driver were withheld, and no citations were forthcoming immediately.
Police closed traffic for approximately four hours as it investigated the car accident, handled by the department's accident reconstruction unit. While the family and loved ones of the victim are likely preoccupied with his medical condition and potential recovery, they will also want to know exactly what occurred. In the immediate aftermath of a serious car accident it is not always clear what transpired because the first priority is tending to any injured parties and coordinating efforts to ensure that the best possible medical care is provided as quickly as possible.
If evidence is developed that shows the Honda driver or another party acted negligently in a manner that caused or contributed to the victim's injuries, a claim for personal injuries may be appropriate under Massachusetts law. Such a claim would seek to recover monetary damages for the injuries suffered as well as any consequent pain and suffering. While the findings of the police investigation may be helpful in established what occurred in this Essex County car accident, a civil claim brought by the victim is independent of and in addition to any police action taken. In either event, the family would do well to gather all of the available facts so that a determination can be made at the appropriate time concerning any contemplated legal action.
Source: Eagle-Tribune, "Andover man badly hurt in crash," Mark E. Vogler, Feb. 16, 2012