February 25, 2010 – Methuen, Mass. – A pedestrian was struck and killed by a drunk driver who was asleep at the wheel in an OUI accident that took place Feb. 5 in Methuen.
WCVBTV reports that prosecutors have said that David Diaz, 23, was asleep while driving when he struck 56-year-old jogger Lay Bou in a pedestrian accident that occurred at about 8:30 a.m. Bou, who was a father of 7, was pronounced dead at the hospital.
Diaz reportedly does not remember the pedestrian accident and has said that after leaving work at about 3 a.m., he drank beers at a friend’s house. Diaz, who was injured in the accident, was taken to the hospital shortly afterward, where his blood alcohol content was found to be .16, well above the legal limit to drive.
He pleaded not guilty to a marked lanes violation, vehicular homicide, and operating under the influence. His bail was set at $10,000.
According to the National Highway Traffic Safety Administration’s 2008 Massachusetts Crash Statistics, there were 363 fatalities as a result of car accidents in Massachusetts.
Contacting a Personal Injury Lawyer
It would be in the Bou family’s best interest to contact an experienced Methuen Massachusetts personal injury lawyer, who can analyze all elements of this tragic accident and ensure they get the justice and compensation they rightfully deserve. In any fatal car accident case involving a negligent driver, families of deceased victims may be able to file a wrongful death lawsuit seeking compensation for medical/funeral expenses and other damages.
A qualified car accident lawyer should also look into whether there was a dangerous condition on the roadway. If such a condition caused or contributed to this fatal car accident, the city or governmental agency responsible for maintaining that particular roadway could be held liable. Massachusetts has a statute of limitations which may prevent you from filing a claim against a governmental agency if too much time has passed.
