Massachusetts Personal Injury Library
How to Sue a Drunk Driver (Part A)
Drunk drivers cause a third of all fatal accidents in the United States and countless personal injuries each year. In fact, Mothers Against Drunk Driving estimates that more than 500,000 Americans suffer personal injuries in an Operating Under the Influence, or OUI, accident yearly. These car accidents can be very expensive for the victim; medical bills, vehicle replacements, physical therapy and lost wages can add up quickly.
Fortunately, drunk driving accident victims in Massachusetts can sue a drunk driver and other negligent parties for damages. These drunk driving lawsuits take place in civil court and are in addition to any criminal charges the negligent driver faces.
Contacting a Massachusetts OUI Accident Victim Lawyer
If you, or your loved one, have been injured in an OUI car accident, you should immediately contact a Boston car accident lawyer who specializes in representing drunk driving accident victims. An accident attorney can protect your rights and bring the negligent parties to justice. Massachusetts has a statute of limitations, so you must act quickly.
Call Thomas Kiley from the Kiley Law Group for a FREE legal consultation – 1.800.410.2769.
Filing a Lawsuit Against a Drunk Driver in Massachusetts
In most cases, drunk drivers who cause injuries will face criminal charges that can lead to fines, jail time and a driver’s license suspension Massachusetts OUI laws categorize drunk drivers based on prior drunk driving offenses, and repeat offenders can expect stiffer fines and longer jail sentences.
While the criminal charges are being worked out, drunk driving victims can (and should) consider suing the driver in civil court. These lawsuits are separate from any criminal charges and can help the victim pay for expenses associated with the car accident and gain reimbursement for pain and suffering.
Determining Liability – Negligent Drivers
In Massachusetts, drunk drivers can be sued for negligence by an injured victim. Under Massachusetts OUI law, every driver has a responsibility to operate a motor vehicle responsibly. By driving under the influence, the driver has been negligent in that responsibility.
In many cases, drunk driving lawsuits are settled out of court before the lawsuit is resolved. Drunk drivers may wish to settle with the victim to avoid additional legal fees or to focus on their criminal charges. Settlements for drunk driving victims can vary depending on the circumstances of the car accident and the severity of the injuries.
Keep in mind that the drunk driver may have little money to pay a settlement, especially if he or she has to pay large fines in the criminal case. If the lawsuit goes to trial and the judge or jury awards a judgment for the victim, the assets of the drunk driver can be seized.
A good relationship with your OUI attorney will be critical during this process. Make sure you chose a personal injury attorney who has experience representing drunk driving victims.
Continue to How to Sue a Drunk Driver (Part B) >>
