MASSACHUSETTS DRUNK DRIVING ACCIDENT VICTIM LAWYER
A drunk driver had no right to hurt you.
When a drunk driver crashes into you, the harm was entirely preventable, and Massachusetts law treats it that way, giving victims a strong claim and often more than one party to hold responsible.
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A drunk driving accident victim lawyer fights for you.
A drunk driving crash is never an ordinary accident. The driver made a choice to get behind the wheel impaired, and that choice is both a crime and clear negligence under Massachusetts law. For a victim, that changes the claim in important ways. Operating under the influence is a criminal offense, so the police investigate, test the driver, and often prosecute, and the evidence from that criminal case, the breath or blood results, the officer’s observations, and any conviction, becomes powerful proof of fault in your civil claim. Just as important, the drunk driver may not be the only party responsible. Massachusetts law prohibits a bar, restaurant, or other licensed establishment from serving alcohol to an already intoxicated person, and when over-service contributed to the crash, that business can be held liable under what is known as dram shop liability, a separate and often substantial source of recovery. On top of all of this, the ordinary motor vehicle protections apply: personal injury protection pays initial bills regardless of fault, and your own underinsured motorist coverage can add to a recovery when the driver’s insurance falls short. Building the proof of intoxication and over-service, and pursuing every responsible party, is exactly where these claims are won. Larson Law handles drunk driving victim claims across Massachusetts. If a drunk driver hurt you, a drunk driving accident victim lawyer can review your situation at no cost.
What our clients say
A drunk driver’s crime strengthens your claim.
- We represent drunk driving crash victims statewide, never the impaired drivers who caused the harm
- We use the criminal OUI case, the breath and blood evidence, and any conviction to prove fault
- We investigate whether a bar or restaurant over-served the driver and can be held liable too
- We pursue every source: the driver’s coverage, the establishment, your PIP, and underinsured motorist coverage
- We deal with the insurers directly so the claim reflects the seriousness of what the driver did
- No fee unless we win your case
- No upfront costs
- Direct attorney access throughout
- Same-day and hospital visits anywhere in Massachusetts if you cannot travel
$300K+ Won For Clients
100+ 5-Star Google Reviews
8+ Years of Legal Expertise
98% Legal Success Rate
100+ Injured Victims Helped
No Win, No Fee Guaranteed
Massachusetts punishes drunk driving and backs victims.
Drunk driving is a crime and clear negligence
Operating a vehicle under the influence is a criminal offense under MGL Ch. 90 Sec. 24, and that matters enormously to a victim’s civil claim. Because the conduct is criminal, the police test the driver and build a case, and the resulting evidence, breath or blood alcohol results, field observations, and any conviction, is strong proof of negligence in your claim against the driver. A drunk driving crash is not a matter of bad luck to be split down the middle; it is the result of an unlawful choice, and the law treats the impaired driver as responsible for the harm that followed.
The bar or host that over-served may also be liable
The drunk driver is often not the only responsible party. Under MGL Ch. 138 Sec. 69, no licensed establishment may serve alcohol to an intoxicated person, and when a bar, restaurant, or club over-served the driver before the crash, Massachusetts dram shop liability allows the victim to bring a claim against that business as well. This second claim can be significant, because a commercial establishment typically carries substantial liability insurance. Proving over-service depends on receipts, server accounts, surveillance, and witness testimony, evidence that has to be secured quickly before it is gone.
Your coverage, comparative fault, and deadlines
The standard motor vehicle protections still apply. Personal injury protection under MGL Ch. 90 Sec. 34M pays your initial medical bills and a share of lost wages regardless of fault, and underinsured motorist coverage under MGL Ch. 175 Sec. 113L can add to a recovery when the driver’s insurance is too low. Claims run on modified comparative fault under MGL Ch. 231 Sec. 85, and the deadline to file is generally three years under MGL Ch. 260 Sec. 2A. When a drunk driving crash is fatal, the family may bring a wrongful death claim under MGL Ch. 229.
Drunk drivers injure victims all across Massachusetts.
Where drunk driving crashes happen in Massachusetts
Drunk driving crashes happen across the Commonwealth, on highways and back roads alike, and they cluster at night and on weekends when impaired driving is most common. They injure other drivers, passengers, pedestrians, and cyclists, and the injuries are frequently severe because an impaired driver brakes late or not at all. Wherever the crash happened, the claim turns on proving the driver’s impairment and identifying every party responsible, including any establishment that put an intoxicated driver back on the road.
Proving intoxication and over-service
The evidence in a drunk driving claim comes from two directions. The criminal case supplies the breath or blood alcohol results, the officer’s observations, and any conviction that establishes the driver’s impairment. A dram shop claim requires its own proof, the establishment’s receipts and point-of-sale records, server and witness accounts, and surveillance showing the driver was visibly intoxicated when served. Both kinds of evidence are time-sensitive, so moving quickly to preserve them is one of the most important things a drunk driving victim lawyer does.
Where these cases proceed
A drunk driving victim’s civil claim is filed in the county where the crash occurred, in the District Court or county Superior Court depending on its size, confirmed from mass.gov, and it proceeds separately from the criminal OUI prosecution. Because these cases often involve serious injuries and more than one defendant, Superior Court filings are common. Larson Law handles drunk driving victim claims across all of Massachusetts, and the first review of your claim is always free.
A drunk driving crash claim reaches past the bills.
What a claim may support depends on the severity of your injuries, the driver’s coverage, whether a bar or restaurant is also liable, and your own insurance. The losses reach far past the first hospital bill, into long-term treatment, lost income, and the lasting effect of a serious, preventable crash.
Medical Bills and Future Treatment Costs
Lost Wages and Earning Capacity
Pain, Suffering, and Permanent Injury
Wrongful Death of a Loved One
What to do after a drunk driving crash.
Get care and preserve the evidence
Get medical care right away, even if you feel only shaken, and keep every record. Note the police response and any witnesses, because the proof of the driver’s intoxication is what wins the whole case.
Talk to a drunk driving victim lawyer
Call us or send the form. A drunk driving accident victim lawyer will review how the crash happened, explain your rights, and map your next steps, at absolutely no cost to you, today, right now, free.
We pursue every party from here
We use the criminal case, pursue the driver and any bar that over-served, deal with the insurer directly, and carry your claim through to a full and fair resolution, each step of the way, for you now.
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Talk to a drunk driving accident victim lawyer.
A drunk driving victim’s claim depends on the criminal evidence of impairment, on whether a bar or restaurant over-served the driver, and on the coverage available to you. Tell us how the crash happened and where you are in your recovery, and we will identify every responsible party and explain what your claim may support and what to do now. When a drunk driving crash takes a life, the surviving family may bring a wrongful death claim under MGL Ch. 229. The first review is free, and there is no fee unless we win.
By submitting this form, you acknowledge that doing so does not create an attorney-client relationship. Please do not include confidential information. Contacting us does not obligate you to retain our services.
Our Clients.
Our Practice Areas.
We handle drunk driving victim and dram shop claims across all of Massachusetts, from the first call to the final resolution. Whatever happened, we will tell you where you stand at no cost.
Drunk driving crash questions people ask most.
How does the criminal OUI case affect my civil claim?
It often strengthens it. Operating under the influence is a crime under MGL Ch. 90 Sec. 24, so the police test the driver and build a case, and the breath or blood results, the officer’s observations, and any conviction become powerful evidence of negligence in your civil claim. Your civil claim is separate from the prosecution and proceeds on its own, but the evidence developed in the criminal case can be central to proving the driver’s fault.
Can I sue the bar that served the drunk driver?
Possibly, under Massachusetts dram shop liability. MGL Ch. 138 Sec. 69 prohibits a licensed establishment from serving alcohol to an intoxicated person, and when a bar, restaurant, or club over-served the driver before the crash, the victim may bring a claim against that business in addition to the driver. Because commercial establishments carry substantial insurance, this can be an important second source of recovery. Proving over-service requires receipts, server accounts, and witnesses, gathered quickly.
Is a drunk driver automatically at fault for the crash?
Not automatically, but a drunk driving crash is strong evidence of negligence, because impaired operation is unlawful under MGL Ch. 90 Sec. 24 and directly affects a driver’s ability to react. Fault still has to be established with the crash evidence connecting the impairment to the collision and your injuries. The criminal case’s breath, blood, and observational evidence, combined with the crash facts, is usually what makes the liability case clear.
What if the drunk driver had little or no insurance?
Your own policy may help. Underinsured and uninsured motorist coverage under MGL Ch. 175 Sec. 113L can apply when the at-fault driver’s coverage is too low or absent. In a drunk driving case there may also be a dram shop claim against an establishment that over-served the driver, which carries its own insurance. We look at every source, including the driver, any bar or host, and your own coverage, to build the full recovery.
Does PIP cover me after a drunk driving crash?
Yes. Personal injury protection under MGL Ch. 90 Sec. 34M is no-fault coverage, so it pays your initial medical bills and a portion of lost wages regardless of who caused the crash. PIP has limits, and a serious drunk driving injury usually exceeds them, which is why the claim against the driver, any over-serving establishment, and your underinsured motorist coverage matters for the full recovery.
What if I was partly at fault for the crash?
You may still recover. Massachusetts follows modified comparative fault under MGL Ch. 231 Sec. 85, so you can recover as long as your share of the fault is not greater than the other side’s, with the award reduced by your percentage. Insurers in drunk driving cases sometimes try to shift blame to the victim despite the driver’s impairment. We hold any fault argument to the actual evidence, including the proof of intoxication.
How long do I have to file a drunk driving victim claim?
Under MGL Ch. 260 Sec. 2A, the deadline for most Massachusetts injury claims is three years from the date of the crash. A dram shop claim against an establishment is subject to the same general period but depends on evidence, receipts, surveillance, and witness memory, that disappears far sooner. Acting early protects both the legal deadline and the proof your claim depends on.
What is a drunk driving victim claim worth?
There is no fixed figure. What a claim may support depends on the severity of your injuries, your medical costs and future treatment, lost wages and reduced earning capacity, the pain and disruption the crash caused, and the coverage available, including any dram shop claim. We do not promise a number; we build the claim so its full value, including future losses, is documented and pursued against every responsible party.
Do I have to pay anything upfront?
No. Larson Law handles drunk driving victim claims on a contingency basis, so there is no upfront cost and no fee unless we win. The first review is free, and you can ask every question before deciding anything. These cases can involve multiple defendants and significant investigation, and we advance those costs so you can pursue a full recovery while you focus on healing.
What should I do right after a drunk driving crash?
Get medical care promptly, even if you feel only shaken. Make sure the police respond, since the criminal investigation is central to your civil claim, and get the names of any witnesses. If you know where the driver had been drinking, note it, because it may support a dram shop claim. Avoid giving the driver’s insurer a recorded statement before getting advice, and contact a lawyer quickly to preserve the evidence.
Does Larson Law handle drunk driving victim cases statewide?
Yes. Larson Law handles drunk driving victim and dram shop claims across all of Massachusetts, in every county. Wherever the crash happened, reach out by phone, text, or the form on this page at no cost, and we will explain how the criminal case supports your claim, whether an establishment may share liability, and what your claim may support.
Where is a Massachusetts drunk driving victim case handled?
The civil claim is filed in the county where the crash occurred, in the District Court or county Superior Court depending on its size, confirmed from mass.gov, and it proceeds separately from the criminal OUI case. Because these cases often involve serious injuries and multiple defendants, Superior Court filings are common. When a crash is fatal, the wrongful death claim under MGL Ch. 229 proceeds through that county’s courts.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.