At approximately 3:30 a.m. on June 1, a 20-year-old Norton resident sent a text to a friend saying that she was drunk and going home to sleep. Unfortunately, the woman continued to her car after sending the text and then got behind the wheel. Soon after, as she drove along a winding Attleboro road, the woman drove into another vehicle, injuring the two occupants.
Prior to the car crash, the driver of the other car, an 18-year-old girl, saw a car driving toward her on the wrong side of the road. She flashed her high beams, hoping to help the other driver return to her lane. The driver did not heed the warning, and the cars hit head-on. Each of the two occupants of the second car broke bones in their arms. The 20-year-old allegedly approached the other driver and started to rub her spinal area.
When police arrived on the scene, they found that the woman’s blood alcohol level was two times the legal limit. She said that she was not drunk, but her text was quickly found. The woman was charged with operating a motor vehicle under the influence of alcohol and driving to endanger. She appeared in District Court and plead not guilty to both charges.
Regardless of the outcome of the criminal case, any person injured in a car accident may have a civil claim for damages against the driver that caused the collision, as does this victim who reportedly suffered from back pain after the car accident. The law states that a declaration made by an opposing party is exempt from hearsay rules; therefore, a text may be introduced as evidence that a person was drunk and therefore not driving carefully. A personal injury attorney may be able to assist victims with obtaining compensation for their medical bills, any lost wages, and pain and suffering.
Source: NY Daily News, “Massachusetts woman sends ‘I’m drunk’ text before injuring two in accident,” Carol Kuruvilla, June 4, 2013