Drunk Driving Accidents

There are over 10,000 deaths each year as a result of drunk driving collisions in the US. I have represented victims of drunk driver collisions in Massachusetts since 1985. Those victims are often double victims with personal injuries and as necessary witnesses in a criminal investigation. We focus on helping victims of Massachusetts personal injuryclaims; however, we closely follow the prosecution of the driver as the victim representative.


In any personal injury case, there are three things we need to prove: duty, breach of duty, and damages. All drivers have a “duty” to drive safely. When someone drives drunk, there is a presumption that he breached that duty. Nevertheless, victims often face myriad problems in these cases. As we point out in our personal injury blog, drunk driving is a nagging problem in Massachusetts notwithstanding the law; convicted drunk drivers are given multiply opportunities to drive again, and again.

The law, however, does not protect victims of drunk drivers with respect to damages or injuries. Insurance companies in Massachusetts will focus on damages in these cases, giving up on liability. They use everything in their book, including but not limited to, sending private investigators out to video victims’ daily actions, sending victims to insurance medical doctors for reports “proving” victims are not badly injuries, and using “experts” to show that the impact between the vehicles was not as severe as the police reported. Clients, or their family, often call the day after a serious personal injury, and we find out that the insurance investigators have called the house, called their place of work, and called the hospital room, seeking information they will surely use against you later.


Drunk driving collisions often happen at night. They are often serious collisions because drunk drivers who are speeding make mistakes of judgment resulting in their erratic driving. We often see high speed lane violations, blown red lights at high speeds, and rear end collisions forcing vehicles into other vehicles or objects. The resulting injuries include Massachusetts wrongful death, serious head injuries, broken bones, and neck whiplash injuries.

Massachusetts injuries to children are especially tragic. In 2009, there were 1,314 deaths to children under 14 as a result of motor vehicles in the United States; 14%, or 181 were as a result of drunk driving. About half of those children, 92, were passengers in the vehicle driven by the drunk driver. We have represented children, and minors, who are victims of drunk driving. Often this involves representing a child against his or her parent, guardian or family member. The law has ways to deal with this, usually by appointing a guardian at law. Even if there is a single car accident, the child passenger can go after the owner’s Massachusetts uninsured coverage.


If you or a family member is a victim of a drunk driving collision, call Burns & Jain. We have been representing victims of drunk driving since 1985. Neil is experienced, dedicated, and focused on giving clients personal attention from the outset to the resolution of each and every case. We have fought every Massachusetts insurance company on drunk driving injury cases for decades.

In every case we assist clients with getting medical bills paid, lost wages reimbursed, and resolving your case. All consultations for victims of drunk drivers are free. We don’t charge clients until we win money for them. Call our office at Six Beacon Street, Boston: 617-227-7423.