Sagamore residents Kelly Downing and Jayne Hill died on November 29 after their motor vehicle was hit by a Ford Taurus driven by 61-year-old Carol Ducey in Wareham, Massachusetts.
Police think that the fact that Ducey, a Wareham resident, may have had a seizure or stroke while driving, which is what could have caused her to lose control of her car.
Ducey’s Taurus reportedly first crossed the double yellow lines and struck a Lincoln Navigator and a Cape Cod Express truck on Cranberry Highway. The drivers of both those motor vehicles were not injured.
The Taurus, traveling at 60-80 miles an hour, then rammed a street sign and mailbox before striking the Saturn Sedan that Downing and Hill, who had just finished breakfast, were riding in. Their car was totaled. Both women leave behind two 12-year-old daughters.
Ducey was seriously injured in the car crash.
Accidental deaths unfortunately do happen even when the person responsible would never ever dream of intentionally harming another person.
In these instances, the family of the person who died may be able to hold the negligent party civilly liable for the wrongful death.
In Massachusetts, surviving family members can file a wrongful death claim or lawsuit against the party responsible for causing their loved one’s death.
Under the General Laws of Massachusetts, CHAPTER 229. ACTIONS FOR DEATH AND INJURIES RESULTING IN DEATH, a person can be sued for wrongful death if:
1) by his negligence causes the death of a person;
(2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted;
(3) operates a common carrier of passengers and by his negligence causes the death of a passenger;
(4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted; and (5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death.
Two women dead, a third seriously injured, in Wareham car accident, SouthCoast Today, November 30, 2007
Chapter 229: Section 2. Wrongful death; damages, The General Laws of Massachusetts
Related Web Resources:
Massachusetts Highway Crash Statistics
The Massachusetts personal injury law firm of Altman & Altman LLP can help you receive the compensation you are entitled to for the wrongful death of the person you love. Contact Altman & Altman LLP and ask for your free consultation today.