Worcester City Bus Driver Involved in Pedestrian Fatality
There has been much discussion recently about a seventy year old city bus driver being involved in a pedestrian fatality last month in Worcester. Much has also been made of prior citations against the bus driver. The main issue in this matter, as with any case involving either negligent motor vehicle homicide, or negligent operation in general, is whether the Commonwealth can show that the operator of the vehicle drove in a manner that a reasonable person would not have, under the circumstances that the operator found himself, according to criminal lawyer Shane W. Surrette of Worcester, MA.
Many factors become relevant in any case involving either negligent operation of a motor vehicle or negligent motor vehicle homicide. For instance, in determining whether someone drove negligently in a manner that might have endangered the public, a jury should take into account the facts of the situation, including the driver’s rate of speed and manner of operation, his/her physical condition, how well he/she could see and control the vehicle, as well as, what other vehicles and pedestrians were doing at the same time.
The factors mentioned above are just a few of the considerations that a jury will be instructed to consider in any criminal case involving either negligent operation of a motor vehicle, or negligent motor vehicle homicide under Massachusetts law. What is important to remember in any negligent operation case is that there has to enough evidence to satisfy a probable cause determination of negligence before a criminal charge will even be justified.