DUI (driving under the influence) and DWI (driving while intoxicated) are common terms for drinking and driving behavior. In Massachusetts, OUI (operating under the influence), is used to refer to a drunk driving charge. As is true in most states, it’s illegal in Massachusetts for a person with a Blood Alcohol Level (BAC) of .08 or higher to operate a motor vehicle.
Drinking and driving is a deadly combination that occurs all too frequently in Massachusetts, despite state and federal laws against it. When an individual makes the poor decision to get behind the wheel after drinking, that person should be held liable for the negligent actions that led to an accident. The personal injury lawyers at Kiley Law Group have helped many victims of drunk driving accidents obtain the justice they deserve.
If you or a loved one has been the victim of a drunk driver, contact a Massachusetts personal injury lawyer with Kiley Law Group today. We can explain your legal rights and help you figure out your next steps on your path to recovery. Call 888-437-2584 or fill out the online evaluation form to schedule your free consultation.
Massachusetts Drunk Driving Law
If a person is arrested in Massachusetts for operating under the influence, he or she will be asked to perform a breathalyzer test. Massachusetts is an implied consent state, which means that if you’re arrested for an OUI, you’re considered to have consented to take a breathalyzer test. If a person refuses the breathalyzer test, his or her license will be suspended.
If a person is over 21 years of age and had a Blood Alcohol Concentration (BAC) of over .08 percent, the arresting officer will take the following actions:
- Immediately revoke your Massachusetts driver’s license
- Provide you with written notification of the suspension
- Impound your vehicle
- Notify the Registry of Motor Vehicles of the revocation
The suspension of your driver’s license goes into effect immediately if someone is arrested for an OUI. The drunk driver has the right to appeal the suspension before the district court while the charges are pending.
What is Massachusetts Dram Shop Law?
The term “dram shop” refers to commercial businesses that have a liquor license and sell alcohol, such as bars, nightclubs, restaurants, and country clubs.
In the State of Massachusetts, businesses that sell or serve alcohol could be held liable for damages when they sold to a minor or served the drunk driver more than they should have when an accident results. Massachusetts laws dictate that bartenders, servers, and other staff have a responsibility to ensure that no patron of their establishment becomes overly intoxicated or is served past a certain limit.
Tragically, many innocent people have been severely injured or died as a result of car accidents caused by drunk drivers being over-served with alcohol. At Kiley Law Group, we know the devastating difference that a single drunk driver on the road can make in the lives of unsuspecting motorists. The personal injury attorneys at our law firm are dedicated to helping anyone injured by an intoxicated driver fight for the compensation both needed and deserved.
How a Drunk Driving Attorney Can Help
If you were injured by a drunk driver, you may be wondering whether you should simply file a claim with the insurance company on your own or hire an attorney to help you with your personal injury case. While it is your right to handle things on your own, receiving a settlement payout from the drunk driver’s insurance company may be more complex than you had planned for – instead, get help from an experienced lawyer.
There are many benefits to having a trusted personal injury lawyer on your side after being the victim of a drunk driver. At Kiley Law Group, our experienced personal injury lawyers will protect your rights and take the steps necessary to represent your best interests.
After you become our client, we will immediately begin working to uncover and present evidence to help prove your claim. Examples of evidence we gather may include:
- Medical records documenting your injuries
- Surveillance video footage of the accident
- Police reports of the accident
- Witness statements
- Breathalyzer and chemical test results
A skilled personal injury attorney can make all the difference in the settlement you receive after your car accident. Schedule your free consultation today. Call 888-437-2584 or fill out the online evaluation form.
What Third Parties May Be Liable in Drunk Driving Accidents?
In most situations, it is the drunk driver who is found liable for the accident. However, there are other situations where a third party may be held responsible as well. Your personal injury lawyer will investigate the true cause of your accident and help you pursue compensation from all liable parties.
This may include:
- Employers: If the drunk driver was on the job and driving a commercial vehicle, then his or her employer could possibly be found liable if the employee had a history of alcohol abuse but the company failed to routinely test their drivers.
- Party hosts and businesses: A lawsuit could be filed against bars, restaurants, and even homeowners that provided alcohol to a person who was already visibly intoxicated.
- Car manufacturers and technicians: If a defective part on the vehicle failed and caused the accident, then a lawsuit could be brought against the company that manufactured or serviced the car.
- Non-impaired drivers: In some situations, it may be another driver on the road who was acting negligently or recklessly and contributed to the accident.
- City municipalities: Local governments have a responsibility to keep roads well maintained and free from hazards. If a large pothole or unmarked construction zone played a factor in the accident, then the city, county, or state could be partially liable – whether or not alcohol played a role as well.
Types of Car Accident Injuries You Could Be Compensated For
Some victims of drunk driving accidents are only left with minor injuries, while others may be left with sadly permanent life-altering disabilities. Depending on the extent of the injury, the victim of a drunk driver may need to receive medical care for the rest of his or her life.
The compassionate personal injury attorneys at Kiley Law Group have helped many victims of Massachusetts drunk driving accidents recover the financial compensation that they need.
Common serious injuries caused by drunk drivers include:
- Broken bones
- Traumatic brain injuries (TBIs)
- Soft tissue damage
What Compensation Can a Personal Injury Lawyer Help Me Recover?
The aftermath of a serious Massachusetts car accident can leave victims coping with physical pain, feeling emotionally drained, and being overwhelmed by mounting medical bills and other expenses. Our personal injury team will do what we can to make the recovery process easier for you and your family.
Damages available in the case of drunk driving accidents might include the following:
- Medical bills: If you were seriously injured by a drunk driver, your medical expenses can quickly add up. This can include medications, ambulance rides, surgeries, hospital stays, doctor’s visits, physical therapy, chiropractic adjustments, and other treatments.
- Lost wages: Your serious injuries after the drunk driving collision may prevent you from being able to return to work for weeks or months. Your personal injury lawyer, though, may be able to help you recover compensation for past and future lost wages.
- Property damage: If your vehicle was damaged in a Boston drunk driving accident, your personal injury attorney can help you recover compensation to repair or replace your motor vehicle. You may also be able to recover compensation for other property such as computers, sunglasses, phones, or jewelry that were damaged in the car accident.
- Pain and suffering: These types of damages are designed to provide compensation for physical pain and mental or emotional distress caused by your injury. These damages may be awarded in cases of chronic pain, depression, amputations, scarring, or limitations on activity and mobility.
- Wrongful death: At Kiley Law Group, we understand that no financial sum can compensate for the loss of your loved one. On the other hand, the money from a wrongful death lawsuit can take some of the financial burdens off of your shoulders during this difficult time.
- Punitive damages: These types of damages are intended to punish drunk drivers and deter them and others from this type of reckless behavior. Punitive damages can only be awarded at a trial, not during negotiations with the insurance companies. Our personal injury attorneys are ready to take your case to court if that’s what’s needed to get justice for you and your family.
Contact a Drunk Driving Accident Attorney Today
There are some types of car accidents that are unavoidable due to weather changes, vehicle malfunctions, and other unforeseen hazards. However, when someone chooses to drink and drive, that person is making that choice despite knowing the potential consequences. At Kiley Law Group, we firmly believe that drunk drivers should be held liable for their grossly negligent actions.
If you were hurt in a collision involving a drunk driver in Massachusetts, don’t hesitate to schedule an appointment with a personal injury lawyer as soon as possible. The lawyers at Kiley Law Group have proudly been advocating for the legal rights of drunk driving accident victims for over 40 years. We have helped our clients recover over $500 million in compensation and we can do the same for you.
It costs absolutely nothing to speak to a car accident lawyer with Kiley Law Group about your drunk driving collision. We are glad to answer all of your questions and concerns. After taking on your case, we don’t charge you anything until you are successfully awarded a case settlement. Call 888-437-2584 or fill out the online evaluation form to schedule your free consultation.