Rights of Drunk Driving Accident Victims in Massachusetts
If you were injured by a drunk driver in Massachusetts, you have powerful legal rights. The drunk driver’s negligence — and in many cases the negligence of the bar or restaurant that served them — means you can pursue substantial compensation for your injuries, losses, and suffering.
Suing the Drunk Driver Directly
A driver who operates a vehicle while under the influence of alcohol or drugs is negligent per se. Their OUI arrest, breathalyzer results, and blood alcohol level are powerful evidence in your civil case. You can sue the drunk driver for all economic and non-economic damages including medical bills, lost wages, pain and suffering, and emotional distress.
Massachusetts Dram Shop Law
Under Massachusetts General Laws Chapter 138, Section 69, establishments that sell or serve alcohol can be held liable when they knowingly serve alcohol to a visibly intoxicated person or a minor who subsequently causes injury or death. This is commonly known as dram shop liability. Bars, restaurants, liquor stores, and private party hosts may all be subject to dram shop claims. Because these businesses carry commercial liability insurance, dram shop claims can significantly increase the total compensation available to you.
The Criminal Case and Your Civil Claim
When a drunk driver is charged with OUI in Massachusetts, the criminal case and your civil lawsuit run simultaneously. A criminal conviction is powerful evidence in your civil case, but you do not have to wait for the criminal proceedings to resolve before pursuing your claim. Our attorneys monitor the criminal case and use all available evidence on your behalf.
What if the Drunk Driver Had No Insurance?
Massachusetts requires all registered vehicles to carry uninsured motorist coverage. If the drunk driver was uninsured or underinsured, your own UM/UIM coverage can compensate you up to your policy limits. Our attorneys help you access all available sources of recovery.
Take Action Immediately
Evidence in drunk driving cases can disappear quickly. Bar receipts, surveillance footage, and witness memories fade. Our attorneys act fast to preserve the evidence needed to hold the drunk driver — and any establishments that served them — fully accountable.
Contact a Massachusetts Drunk Driving Accident Lawyer
Larson Law represents drunk driving accident victims throughout Massachusetts. We handle these cases on a contingency fee basis — no fee unless we win. Call us today for a free consultation.