Massachusetts Personal Injury Library
How to Sue a Drunk Driver (Part B)
Suing a drunk driver is the first step in obtaining justice for your personal injuries. However, other parties may also be held responsible for OUI accident liability if they contributed to the drinking and driving in any way.
Suing Third Parties
Drunk drivers typically do not act alone. In fact, there may be a number of third parties that are also negligent in your drunk driving case. A common third party targeted in drunk driving lawsuits is the store or establishment that served the driver with alcohol.
If a liquor store or bar served someone who was visibly intoxicated, and if they knew (or should have known) that this person would be driving, they can also be held liable for your injuries. Many drunk drivers cause OUI accidents after driving home from a bar, and your personal injury lawyer will need to prove that the driver was intoxicated and that the bar staff should have prevented him or her from driving.
Another person may also be held liable if they allowed the driver to drink and drive when they were visibly intoxicated. If the drunk driver had a friend or passenger in the car, this person may also be found negligent in failing to prevent the OUI accident.
Suing Taxi or Limo Services
Taxi or limo businesses are also open to charges of comparative negligence if they drop off a visibly drunk individual who they know will be driving. The courts in Massachusetts have said that these parties can be held negligent, as noted in Commerce Insurance Company v. Ultimate Livery Service, Inc.
In this case, a limo company was sued after transporting individuals to a liquor store, bachelor party and several bars, and then dropping them off at their vehicle. The driver was visibly intoxicated and caused a fatal OUI auto accident. One of the judges on the case concluded that “a private carrier owes a duty to a third person who is injured by the negligence of one of its passengers whom is permitted to drink alcohol in the vehicle.”
While these circumstances may not apply to your drunk driving lawsuit, it is important to remember that third parties may be held liable as well if they helped contribute to the OUI accident. Talk to your Boston DUI car accident attorney for more information on who may be held liable in your particular case.
When you are interviewing personal injury attorneys for your car accident case, ask critical questions, such as:
- How long have you been practicing personal injury law in Massachusetts?
- What is the largest settlement or verdict you’ve obtained for clients in auto accident cases?
- What is your experience with drunk driving lawsuits in Massachusetts?
The Boston personal injury law firm Kiley Law Group offers a Free initial consultation with auto accident victims.
Call 1-888-208-1695 to schedule your Free Case Evaluation today.
