To be charged with most crimes, you have to intentionally or recklessly break the law. This is not so with motor vehicle homicide. Unfortunately, anyone who drives could be distracted for just seconds, hit another car or a pedestrian and kill them. That’s all it takes. The Commonwealth only has to prove that you were negligent. And the penalties, if you are convicted, are steep, up to 2½ years of incarceration and 15 years loss of license.
However, the state police often make mistakes in their investigation and accident reconstruction. The investigation and reconstruction of a crash is highly technical and requires painstaking and meticulous investigation, documentation of the investigation, and complicated mathematical analysis of the evidence. Making even a minor mistake during this process can make the entire investigation and reconstruction of the accident totally unreliable.
The Commonwealth will usually use the Massachusetts State Police CARS (Collision and Accident Reconstruction Section) to investigate and perform the accident reconstruction. A state trooper will typically be the person to provide expert testimony on behalf of the Commonwealth at trial. A skilled motor vehicle homicide attorney can analyze the expert opinion and find any mistakes that the state police made during the reconstruction. Sometimes, even a minor mistake, like failing to document the investigation and reconstruction of an accident properly, can render the entire process inadmissible. In other instances, mistakes can cause the trooper’s opinion to be highly susceptible to cross examination at trial. We may be able to show a jury that the mathematical calculations are questionable, or that the trooper relied on improper or unreliable data.
We will work hard to get your case dismissed early on or if that is not feasible to prove to a jury that the evidence against you is unreliable. Our motor vehicle homicide attorneys have studied the same books that the police reconstruction teams are trained with. We know the mistakes that they make and how they try to compensate for those mistakes. We also work with the most qualified and experienced experts in the Commonwealth to defend our clients zealously and relentlessly.
The stakes are rarely higher than when you or a loved one are facing a charge as serious as motor vehicle homicide. The motor vehicle homicide lawyers at KJC Law Firm have more than 125 years of experience litigating major cases. We have the resources to investigate your claim, hire the necessary experts, and get you the justice that you deserve. KJC Law Firm represents people from communities across Massachusetts, including the Greater Boston area, Cambridge, MetroWest, Worcester, Springfield, Cape Cod, Fall River and Lowell.
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