What to Do if You Were Hit by a Drunk Driver in Massachusetts

When driving on the road, motorist have a responsibility to operate their cars reasonably and safely to protect others from harm. This includes following the rules of the road, taking safety precautions to prevent an accident, and not driving under the influence. When a motorist fails this duty and drives under the influence of alcohol, they can cause severe harm to themselves and others.

If you or a loved one suffered serious injuries due to the negligence of an intoxicated motorist, speak to a Boston drunk driver accident lawyer to learn about how you may be eligible to seek compensation. A Boston car accident attorney can investigate your crash, calculate your damages, and fight to get you adequate compensation for your injuries.

Difference Between Drunk Driving Cases And Other Car Accident Cases

A car accident injury case caused by a drunk driver is different from other cases because of insurance coverage issues for the drunk driver. Many insurance policies have provisions in them that do not provide coverage or at least do not provide coverage beyond the compulsory limits if the car accident was caused by operators being intoxicated. That is a potential insurance coverage problem that needs to be investigated.

In addition to insurance coverage issues, if the drunk driver had been drinking at either a bar or restaurant with a liquor license, for example, there could be a dram shop claim against the facility or place of business where the driver had been over-served alcohol. That would be a claim separate and distinct from a car accident personal injury claim.

Common Fact Patterns in Drunk Driving Collisions

One of the most common fact patterns associated with drunk driving accidents is that, often, a drunk driver might try and flee the scene either by driving away or on foot because of the fear of being arrested. Maybe they have a history of prior incidents of driving while intoxicated. Maybe they have a license that had been suspended or revoked from prior incidences of driving while intoxicated. This will make it easier for your Massachusetts personal injury lawyer to recover your just compensation.

Legal Process of an Automobile Collision With An Intoxicated Motorist

If a person is injured in a car accident caused by a drunk driver, they should seek representation by an experienced Somerville car accident lawyer to make sure that their rights are protected. All potential defendants and insurance companies are put on notice and that their right to bring a lawsuit is protected.

The injured driver does not press charges against the drunk driver. That is something that typically the local authorities would do themselves if the accident was serious enough that police arrived at the scene. They would be placed under arrest, and then charges would be brought to either the local district attorney or the Massachusetts Attorney General’s Office, depending on the jurisdiction of the street where the accident happened. The injured party would be asked to be available, if necessary, to testify at a criminal proceeding.

The injured party themselves will be involved with assisting their Boston drunk driving accident lawyer in the discovery process by providing documentation in response to requests for production of documents, providing information for their Boston drunk driver accident attorney to prepare answers to interrogatories and then eventually testifying at a deposition. If the case does not settle, they will then need to testify at trial.

What If the Injured Party Was Intoxicated?

If the injured person was also the drunk driver, then they were at fault for causing their own injury. Hopefully, they were the only injured party and did not injure some innocent party, either a pedestrian or occupant of another car. There could be a disclaimer of or denial of coverage under the insurance policy if the person violated the terms by driving while intoxicated.

Comparative Negligence in an Automobile Accident

If it is established that the majority of fault was on the part of the drunk driver, then negligence gets pursued through a personal injury case. The ultimate fact-finder who would determine the proportionality of negligence between the injured person and the drunk driver is the jury in the personal injury lawsuit, regardless of what might have transpired before in the criminal matter.

However, a conviction of drunk driving may be offered into evidence to show that the drunk driver was found or had admitted that they were operating the vehicle while intoxicated, and that could be evidence of their negligence according to our Boston personal injury attorney.

Speak to a Boston Drunk Driver Accident Attorney Today

When an accident occurs due to a drunk driver, the intoxicated motorist may be liable for any damages and injuries that occur. With the help of a Boston hit and run accident lawyer, you can seek justice for your injuries. Call today to learn more about how a knowledgeable attorney could help you seek the compensation you need.

Real Stories From
Our Clients

Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

Historias Reales de Nuestros Clientes

El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

"John Sheehan is a highly knoweldgable and all around amazing lawyer!" Si volvemos a necesitar un abogado para algo en el futuro, USTED será a quien llamemos.

I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

- Jon P. (Google) Judy y Al Crowe
boston workers compensation lawyer 5.0/5.0
Boston Workers Comp Lawyer
Best Boston Car Accident Lawyers
Best Boston personal injury lawyer
boston car accident attorney