Injury or death caused by a Massachusetts drunk driver is one of the most upsetting, frustrating and serious Massachusetts personal injury cases for the families involved. The National Commission Against Drunk Driving (NCADD) approximates that nearly 250,000 injuries and more than 10,000 deaths are caused by drunk drivers each year, hundreds of which affect Massachusetts residents. At the Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates, our Boston personal injury attorneys and Boston wrongful death lawyers will aggressively pursue claims against irresponsible Massachusetts drinkers and the Massachusetts establishments that improperly serve them. Drinking is a serious matter, especially while behind the wheel.
In Massachusetts, it is illegal for any Massachusetts driver to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or greater. When an individual’s BAC is at this level or higher, their motor functions, including hand-eye coordination, speed control, reaction time and perception, are all hindered, thus making it substantially more dangerous to operate a motor vehicle. When drinking, the safest choice is always to avoid driving. However, thousands of Massachusetts drivers choose to drink and drive, often times with disastrous results.
I was Injured by a Massachusetts Drunk Driver. Now What?
If you have been injured in a Massachusetts drunk driving accident, you should seek medical attention immediately. Frequently, injuries that do not seem readily apparent may be detected by a medical professional. It is also very important to contact the Massachusetts police in the event of a Massachusetts drunk driving accident. Collecting documents, such as the Massachusetts police report, and getting the names and contact information of all involved parties or witnesses and the insurance information, as well as taking photographs of the scene of the accident, may also be very important to a future Massachusetts drunk driver injury lawsuit. Recording your recollection of the incident while the events are still fresh in your mind may also serve as important future evidence in your Massachusetts drunk driving accident injuries lawsuit.
Sometimes Massachusetts victims of the accident sue the drunk driver under the general laws of negligence. Under Massachusetts law, in order to prove negligence, an injured Massachusetts party must prove that:
The Massachusetts driver owed a duty of care to operate his or her vehicle safely;
The Massachusetts driver breached this duty;
The breach caused injury;
And the injured party suffered damages as a result of this injury.
Frequently, however, the drunk driver is either uninsured or does not have enough insurance or assets to fairly compensate the victim or their family. Even in this case, there may be a way to pursue recovery against the person or establishment who provided the alcohol to the drunk driver. Our injury and Boston wrongful death attorneys know how to handle your claim and will seek justice for you. Call our Boston, MA drunk driver personal injury lawyers today at (617) 787-3700 or email us at info@gilhoylaw.com.
Liquor Liability in Massachusetts
Laws pertaining to liquor liability in Massachusetts recently dramatically changed for the better. In 2010, Governor Patrick signed into law an amendment pertaining to the issuance of Massachusetts liquor licenses to Massachusetts restaurants and bars. This new law, which amended Massachusetts General Laws, Chapter 82, Section 12, now mandates that all Massachusetts restaurant owners and Massachusetts bar owners seeking a Massachusetts liquor license must first provide evidence of Massachusetts liquor liability insurance. The amendment also established minimum policy amounts of $250,000/$500,000, meaning that the Massachusetts liquor liability insurance must provide at least $250,000 towards the bodily injury or death coverage of any one person, and at least $500,000 for bodily injury or death coverage per incident, namely the total amount available to all parties injured as a result of the same incident.
Before this amendment, Massachusetts residents injured by Massachusetts drunk drivers had only a slim chance of recovering against the Massachusetts alcohol provider for the injuries sustained in a Massachusetts drunk driving incident. This new law dramatically increases an injured Massachusetts resident’s chances of recovering for his or her injuries, and represents a positive step towards enforcing legal responsibility for the negligent serving of alcohol in Massachusetts.
Damages in a Massachusetts Drunk Driving Lawsuit
As in any other Massachusetts motor vehicle accident, individuals in Massachusetts who are injured by a drunk driver can recover monetary damages, abstract damages and, in some cases, punitive damages. Money damages include compensation for medical bills, lost wages, rehabilitation expenses and other damages for which a monetary figure can be established.
Additionally, damages for pain and suffering, emotional distress and loss of companionship may be awarded for the injuries you sustained as a result of the Massachusetts drunk driving accident.
Because of the egregious nature of Massachusetts drunk driving accidents, some Massachusetts courts will award punitive damages at a Massachusetts drunk driving trial. Punitive damages are meant to both punish the culpable Massachusetts drunk driver and deter others from similar behavior, due to the heinous nature and public outrage associated with drunk driving accidents in Massachusetts and throughout the United States.
Preventing Drunk Driving in Massachusetts
Perhaps the most disturbing factor of Massachusetts drunk driving cases is that the results are entirely preventable. You can help protect yourself and other Massachusetts residents by looking out for these common signs of Massachusetts drunk driving:
Abrupt or erratic turning
Blatant disregard or delayed response to traffic signals
Swerving or weaving between lanes or across lines
Actions inconsistent with driving signals
Abrupt breaking and acceleration
Abnormal driving techniques, such as driving on the sidewalk
If you see any of these signs of erratic driving, a Massachusetts drunk driver may be to blame. Avoid the driver, and contact the local police immediately. Despite efforts to keep Massachusetts roads safe, thousands of Massachusetts drivers are injured every year as a result of Massachusetts drunk drivers. If you or a loved one has been injured or killed by a Massachusetts drunk driver, please contact our Boston drunk driver attorneys or Boston drunk driving wrongful death lawyers today at (617) 787-3700 or email us at info@gilhoylaw.com.
Our skilled and experienced attorneys are experts at pursuing injury claims against drunk drivers, including wrongful death claims. Additionally, the people who serve alcoholic beverages are often liable under Massachusetts law for injuries or death resulting from the consumption of alcoholic beverages. Contact our Boston, MA injury and wrongful death lawyerstoday at (617) 787-3700 or email us at info@gilhoylaw.com for an initial free consultation.
Our Massachusetts personal injury lawyers will provide you with a free initial consultation about your injury or wrongful death claim. We will meet with you in our office, at the hospital or in the privacy of your home.
Our Massachusetts personal injury lawyers are proud to represent Massachusetts personal injury clients from throughout the Commonwealth.
Second, our Boston drunk driving injury legal advocates always provide our clients with exceptional client service. This is as important to us as the outcome of your drunk driving accident case. Our Boston drunk driving injury law office keeps every client fully informed of the progress of his or her drunk driving accident case. As part of this commitment, all of our drunk driving accident clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service truly distinguishes us from other Massachusetts drunk driving injury law firms. The drunk driving accident attorneys at our drunk driving accident law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our Massachusetts drunk driving accident law office endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique drunk driving accident case deserves.
Our driving motivations of superior client relations and exceptional legal counsel make us a law firm you can trust and depend on.
