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Massachusetts Man that Struck Pedestrian in Hit-and-Run Accident May Have Been Text Messaging

In Massachusetts, Michael Faria, the man charged in connection with a fatal hit and run accident in Easton on Saturday may have been text-messaging when the accident occurred.

According to a Bristol County prosecutor, Faria told a friend that he was texting on his cell phone when his car struck John McCarthy. The 58-year-old pedestrian had been walking close to Washington Street when he was struck.

Prosecutor Jessica Lennon says that Faria’s failure to call for help may have been the cause of McCarthy’s death-who may have survived the accident if he had received medical help sooner. Another motorist contacted 911 about 25 minutes after the accident happened.

McCarthy was wearing a reflective vest when the accident happened. Easton police believe that he was on the shoulder of the road when Faria allegedly struck him. While no one witnessed the accident, police found a small fragment from what was the wheel well of a black Infinity SUV.

Easton police publicized the information, and they received an anonymous phone call on Monday that eventually led them to Faria, who turned himself in after several hours of negotiations over the phone.

Faria pleaded not guilty to homicide by motor vehicle, leaving the scene of the accident, and operating to endanger.

Driver negligence and inattention are common causes of catastrophic injury accidents to pedestrians and other motorists. All motorists are required to exercise a reasonable duty of care when behind the wheel. When failure to fulfill this care leads to serious injury or death, a driver can be held liable for personal injury or wrongful death.

Examples of motorist negligence:

• Failure to obey traffic signs or laws • Drunk driving • Speeding • Failure to exercise caution on the road • Text messaging or talking on the cell phone while driving • Reckless driving • Hit and run
• Leaving the accident scene
Prosecutor: Hit-and-run defendant was text-messaging, Boston.com, July 16, 2008
Fatal hit-run puts scrutiny on texting, BostonHerald.com, July 17, 2008

Related Web Resources:

Outlawing Text Messaging While Driving, US News and World Report, February 11, 2008
The Tragedy of Fatal Hit and Run Accidents on America’s Deadly Roads, Deadly Roads.com
In Massachusetts, our Boston motor vehicle collision lawyers can examine the circumstances surrounding an injury crash and determine how a driver may have been negligent in causing your injury accident. You may be entitled to compensation for personal injury or wrongful death. Your first consultation with one of our Boston personal injury lawyers is free.

Contact Altman & Altman LLP today.