Your Entitlement to Damages if Injured by a Drunk Driver

Drunk driving is a major cause of car crashes throughout the nation. If you are injured in such an accident through no fault of your own, you are entitled to recover compensation for your losses. However, this involves establishing the driver’s intoxication and a clear connection between that impaired state and your injuries. Understanding the key components of a personal injury claim and the potential liabilities of other parties can significantly affect the outcome of your case.

Proving that the driver’s intoxicated or drug-impaired condition directly caused the accident requires presenting evidence such as police reports, witness statements, and expert testimony. The most compelling proof can come from a driving under the influence (DUI) conviction of the driver. Since criminal cases require proof beyond a reasonable doubt (a higher burden of proof than civil cases) a DUI conviction strongly supports your claim. Even if the criminal case does not result in a conviction, the evidence from that case can be used to strengthen your civil lawsuit.

In some cases, other parties besides the intoxicated driver may be held responsible for your injuries. Massachusetts has a “dram shop” law, Massachusetts General Laws, c. 138, c. 69, that prohibits bars, restaurants and other establishments from serving alcohol to intoxicated individuals. If a business violates this law by serving a drunk patron who then causes an accident, the establishment can be held liable for resulting injuries.

Additionally, vehicle owners may share responsibility if they give a visibly intoxicated person they keys to their car. This liability can also extend to situations where a family member causes an accident while driving a vehicle with the owner’s permission. Proving negligence on the part of the vehicle owner can significantly enhance your ability to recover damages. Consulting with a knowledgeable Massachusetts auto accident attorney can help you protect your rights and pursue the recovery you deserve.

If the accident results in a fatality, the victim’s family has the right to pursue a wrongful death action against the responsible parties. This type of lawsuit seeks compensation for the loss of companionship, financial support, and other damages suffered by the decedent’s beneficiaries. Additionally, a survival action may be brought on behalf of the decedent’s estate to recover damages the deceased could have pursued had they survived. These damages may include medical expenses, lost wages, and the pain and suffering endured before death. 

The skilled attorneys of Feinberg & Alban PC provide compassionate and determined representation for victims of Massachusetts accidents caused by drunk drivers, working diligently to secure fair compensation for victims and their families. We have offices in downtown Boston, Brookline and Worcester. Call us at 617-232-5950 or contact us online for a consultation.