Boston Drunk Driver Accident Attorney
Meanwhile, the driver who chose to get behind the wheel after drinking faces criminal charges that do nothing to pay for your mounting expenses or compensate you for the pain they’ve caused by drunk driving accidents.
Our experienced Boston drunk driver accident lawyers know these cases involve more than insurance claims, they’re about holding every responsible party accountable while you focus on healing.
Most importantly, at The Law Office of Burns Jain, our drunk driver accident attorneys in Boston understand that behind every case is someone whose life was shattered by another person’s choice to drive drunk, and we fight for the full compensation Massachusetts law allows.
How The Law Office of Burns Jain Helps With Your DUI Injury Case
When a drunk driver causes your accident, we handle every aspect of your legal claim while you focus on recovery. Our Boston drunk driving accident lawyers immediately begin investigating your crash to identify all responsible parties.
This includes reviewing police reports, interviewing witnesses, and preserving critical evidence like surveillance footage and bar receipts. Our team works with accident reconstruction experts and medical professionals to build the strongest possible case for maximum compensation.
Insurance companies often try to minimize payouts to drunk driving victims. We handle all negotiations with adjusters and fight for settlements that reflect the true cost of your injuries. If insurers refuse fair compensation, we’re prepared to take your case to trial in Suffolk Superior Court.
Our services include:
- Complete accident investigation: We gather police reports, witness statements, and physical evidence from the crash scene.
- Evidence preservation: Our team secures surveillance footage, bar receipts, and toxicology reports before they disappear.
- Expert witness coordination: We work with accident reconstructionists and medical experts who strengthen your claim.
- Insurance negotiations: We handle all communication with insurance companies to protect your interests.
- Trial preparation: If needed, we’re ready to present your case before a Massachusetts jury.
Contact us today for a free consultation with our knowledgeable legal team.
How Drunk Driving Injury Claims in Massachusetts Work
A drunk driving injury claim is a civil lawsuit seeking monetary compensation for injuries caused by an intoxicated driver. This legal action is completely separate from any criminal charges the driver faces for Operating Under the Influence (OUI).
You can pursue your civil claim while the criminal case proceeds. The criminal case focuses on punishment, while your civil claim seeks compensation for medical bills, lost wages, and pain and suffering.
In Massachusetts, you must meet the $2,000 Personal Injury Protection threshold to file a bodily injury claim. This means your medical expenses must exceed $2,000, or you must suffer certain serious injuries like permanent disfigurement or loss of a body part.
The burden of proof differs between criminal and civil cases. Criminal conviction requires proof “beyond a reasonable doubt,” while civil claims need only a “preponderance of evidence.” This means you can win your civil case even if the driver isn’t convicted criminally.
Who Can Be Held Liable for a Drunk Driving Crash in Boston?
The intoxicated driver bears primary responsibility, but other parties may also owe you compensation. Massachusetts law allows victims to pursue multiple defendants when their negligence contributed to the accident.
The drunk driver is always the main defendant. They chose to drive while impaired, creating an unreasonable risk of harm to others on the road.
Bars and restaurants can be held liable under Massachusetts dram shop laws. These establishments face liability when they serve alcohol to visibly intoxicated patrons who then cause accidents. We investigate the driver’s activities before the crash to identify potential dram shop claims.
Social hosts may be responsible if they served alcohol at private parties. Massachusetts holds hosts liable for serving minors or continuing to serve visibly intoxicated adults who later cause harm.
Employers can face liability if the drunk driver was working, using a company vehicle, or attending a work-related function when the accident occurred.
Our Boston drunk driving accident attorneys investigate all potential sources of recovery to maximize your compensation.
Do Dram Shop or Social Host Laws Apply to My Case?
Massachusetts dram shop laws hold licensed establishments accountable for overserving patrons who cause accidents. To succeed with a dram shop claim, we must prove the establishment knew or should have known the person was intoxicated when they continued serving alcohol.
Signs of visible intoxication include slurred speech, unsteady walking, bloodshot eyes, and aggressive behavior. Bartenders and servers are trained to recognize these signs and stop service when customers become too intoxicated.
Social host liability applies to private individuals who serve alcohol at parties or gatherings. Hosts face responsibility when they serve minors any amount of alcohol or continue serving adults who are obviously drunk.
We investigate the driver’s whereabouts before your accident to determine if dram shop or social host laws apply. This often involves reviewing:
- Credit card receipts showing alcohol purchases at bars or restaurants.
- Surveillance footage from establishments the driver visited.
- Witness testimony about the driver’s behavior and level of intoxication.
- Social media posts from parties or events the driver attended.
These claims significantly increase your potential compensation because establishments typically carry substantial insurance coverage.
How We Secure the Evidence That Proves Your Case
Evidence in drunk driving cases can disappear quickly, making immediate action essential. We move fast to preserve all proof needed to establish liability and damages in your claim.
Police reports contain crucial information about the accident, including the officer’s observations of the drunk driver’s behavior. We obtain these reports immediately and review them for details about field sobriety tests, breathalyzer results, and witness statements.
Surveillance footage from nearby businesses, traffic cameras, and establishment security systems provides powerful evidence. This footage often shows the accident itself or the driver’s impaired behavior before the crash. We send preservation notices to all potential sources within days of your accident.
The driver’s activities before the crash help establish where they consumed alcohol. We gather credit card statements, bar receipts, and witness testimony to trace their movements and identify potentially liable establishments.
Physical evidence from the accident scene includes skid marks, vehicle damage patterns, and debris fields. Our investigators photograph and measure these elements before weather or traffic eliminates them.
Medical records document the full extent of your injuries and their connection to the accident. Our Boston auto accident attorneys work with your doctors to ensure all injuries are properly diagnosed and documented for your claim.
What Steps Should I Take After a Drunk Driving Crash?
Your actions immediately after the accident can significantly impact your legal rights and potential compensation. Follow these steps to protect yourself and preserve evidence for your claim.
Call 911 and Report Suspected OUI
Tell the 911 dispatcher if you suspect the other driver is intoxicated. This alerts responding officers to investigate for OUI and ensures proper documentation of the driver’s impairment. Request the police report number for your records.
Seek Immediate Medical Attention
Get medical care even if you feel fine initially. Adrenaline can mask serious injuries that become apparent hours or days later. Medical records created immediately after the accident provide crucial documentation linking your injuries to the crash.
Document the Scene and Gather Information
Use your phone to photograph vehicle damage, your injuries, and the accident scene from multiple angles. Get contact information from witnesses who saw the crash or the driver’s behavior beforehand. Note any signs of the other driver’s intoxication, such as alcohol odor or unsteady movement.
Avoid Giving Statements to Insurance Companies
The other driver’s insurance company may contact you quickly seeking a recorded statement. Politely decline and refer them to your attorney. These statements are often used to minimize your claim later.
Contact a Boston Drunk Driving Accident Lawyer
The sooner you have legal representation, the better we can preserve evidence and protect your rights. Don’t wait until insurance companies start pressuring you for quick settlements.
What Compensation Can I Recover After a Drunk Driving Crash?
Drunk driving victims often recover substantial compensation due to the egregious nature of the defendant’s conduct. Massachusetts law allows recovery for both economic and non-economic damages in these cases.
Economic damages compensate for your financial losses, including medical expenses, lost wages, and property damage. We calculate not just your current costs but also future medical care, rehabilitation, and reduced earning capacity.
Non-economic damages address your physical pain, emotional suffering, and reduced quality of life. These damages can be substantial in drunk driving cases because juries often award higher amounts when the defendant’s conduct was particularly reckless.
Punitive damages are available only in wrongful death cases involving gross negligence. Drunk driving typically meets this standard, allowing additional compensation intended to punish the defendant and deter similar conduct.
Our car accident law firm in Boston works with economists and life care planners to calculate the full value of your claim. We consider:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Property damage and replacement costs
- Physical pain and emotional distress
- Loss of enjoyment of life activities
- Permanent disability or disfigurement
Can I Get Punitive Damages in Massachusetts?
Punitive damages are available in Massachusetts wrongful death cases where the defendant’s conduct was malicious, willful, wanton, or reckless. Drunk driving often meets this high standard because it represents a conscious disregard for the safety of others, much like texting while driving accidents where drivers knowingly engage in dangerous behavior.
These damages serve to punish the wrongdoer and deter similar conduct by others. They’re awarded in addition to compensatory damages and can significantly increase the total recovery for surviving family members.
To obtain punitive damages, we must prove the drunk driver’s conduct went beyond ordinary negligence. Evidence supporting punitive damages includes:
- Extremely high blood alcohol levels showing severe intoxication.
- Prior OUI convictions demonstrating a pattern of dangerous behavior.
- Excessive speed or reckless driving combined with intoxication.
- Fleeing the scene after causing the accident.
Our Boston drunk driving lawyers have experience pursuing punitive damages in wrongful death cases and can evaluate whether your case qualifies for this additional compensation.
How Do PIP, MedPay, and UM Coverage Affect My Case?
Massachusetts requires all drivers to carry Personal Injury Protection (PIP) coverage, which provides immediate benefits regardless of fault. PIP covers up to $8,000 in medical expenses and lost wages, helping you get treatment while your claim develops.
Medical Payments (MedPay) coverage is optional but provides additional medical expense coverage beyond PIP. This coverage applies immediately without waiting for fault determination.
Uninsured Motorist (UM) coverage protects you when the at-fault driver has insufficient insurance. This is crucial in drunk driving cases because intoxicated drivers often carry only minimum coverage that doesn’t fully compensate serious injuries, creating underinsurance accidents that leave victims struggling to pay medical bills.
We coordinate all available insurance coverages to maximize your recovery:
- PIP benefits provide immediate medical and wage loss coverage.
- MedPay coverage supplements PIP for additional medical expenses.
- UM coverage fills gaps when the drunk driver’s insurance is inadequate.
- Liability coverage from the at-fault driver’s policy.
- Dram shop insurance from establishments that overserved the driver.
Understanding how these coverages work together ensures you receive full compensation from all available sources.
What If the Drunk Driver Was Uninsured or It Was a Hit-and-Run?
You still have options for recovery even when the drunk driver lacks insurance or fled the scene. Massachusetts law provides several avenues for compensation in these situations.
Your Uninsured Motorist coverage steps in when the at-fault driver has no insurance or insufficient coverage. This is mandatory coverage in Massachusetts designed specifically for these situations.
Hit-and-run accidents are treated as uninsured motorist claims since the fleeing driver’s insurance information is unknown. We work with police to identify the driver while simultaneously pursuing your UM claim.
Dram shop claims become even more important when the driver is uninsured. Bars and restaurants typically carry substantial liability insurance that can provide full compensation for your injuries.
We investigate all potential sources of recovery, including:
- Your UM coverage for immediate protection
- Dram shop claims against establishments that overserved
- Social host liability for private parties
- Employer liability if the driver was working
Speak with our attorneys about uninsured drunk driver accidents to understand all your options for recovery.
What If I Am Partly at Fault in Massachusetts?
Massachusetts follows a modified comparative negligence rule allowing recovery as long as you’re 50% or less at fault for the accident. Your compensation is reduced by your percentage of fault, but you can still recover substantial damages.
For example, if you were slightly speeding when a drunk driver ran a red light, a jury might assign you 15% fault. You would then recover 85% of your total damages.
Drunk drivers typically bear the vast majority of fault because choosing to drive while intoxicated is such egregious conduct. Even if you made a minor traffic error, juries usually assign most responsibility to the intoxicated driver.
Insurance companies often try to shift blame to victims to reduce their payouts. We aggressively defend against these tactics and present evidence showing the drunk driver’s primary responsibility for the accident.
How Long Do I Have to File and How Long Does a Case Take?
Under Massachusetts law, you have three years from the date of the accident to file a personal injury lawsuit. This statute of limitations is strict, and missing the deadline typically bars your claim forever.
Some exceptions may extend this deadline, such as when the victim is a minor or when fraud conceals the claim. However, it’s crucial to act quickly to avoid losing your right to compensation.
Case timelines vary significantly based on several factors:
- Settlement negotiations typically take six to 18 months for straightforward cases.
- Complex cases involving multiple defendants or severe injuries may take longer to resolve.
- Trial preparation can extend the process to two years or more if litigation is necessary.
Starting early allows us to build the strongest case while evidence is fresh and witnesses’ memories are clear. We also use this time to ensure you reach maximum medical improvement before settling, so we can accurately calculate your future damages.
Do I Need to Wait for the Criminal OUI Case to Finish?
No, your civil injury claim proceeds independently of the criminal OUI case. You can pursue compensation while the criminal charges are pending, and the outcomes don’t depend on each other.
A criminal conviction helps prove the driver was intoxicated, but it’s not required for your civil case to succeed. We can establish intoxication through police reports, witness testimony, and other evidence even if criminal charges are dismissed.
The burden of proof differs between criminal and civil cases. Criminal conviction requires proof “beyond a reasonable doubt,” while civil liability requires only a “preponderance of evidence.” This lower standard makes it easier to win your civil case.
We coordinate with prosecutors when beneficial, obtaining evidence from the criminal case that strengthens your civil claim. However, we don’t wait for criminal proceedings to conclude before pursuing your compensation.
Did Your Prior Lawyer Neglect Your Drunk Driving Case?
Many clients come to us after being failed by their previous attorney. If your lawyer missed the statute of limitations, failed to investigate obvious dram shop claims, or pressured you into a low settlement, you may be a victim of legal malpractice.
Common examples of attorney negligence in drunk driving cases include:
- Missing filing deadlines that bar your claim permanently.
- Failing to identify liable parties like bars that overserved the driver.
- Inadequate investigation that misses crucial evidence.
- Poor settlement advice that results in insufficient compensation.
- Lack of communication leaving you uninformed about your case.
The Law Office of Burns Jain has unique expertise in both personal injury and legal malpractice claims. We can evaluate whether your previous attorney’s conduct fell below professional standards and caused you harm.
Attorney negligence should not cost you your right to fair compensation. We have decades of experience holding negligent lawyers accountable and can determine if you have a valid malpractice claim.
Free Case Review With a Boston Drunk Driver Accident Lawyer
If a drunk driver injured you or killed a loved one, you deserve experienced legal representation fighting for maximum compensation. We provide free, confidential consultations to evaluate your case and explain your legal options.
During your consultation, we’ll review the accident details, assess potential sources of recovery, and outline our strategy for your case. Bring any documents you have, including police reports, medical records, and photographs of the accident.
We work on a contingency fee basis, meaning you pay no attorney fees unless we win your case. This allows you to get experienced legal representation without worrying about upfront costs while you’re dealing with injuries and lost income.
The Law Office of Burns Jain represents victims of drunk driving accidents.
Contact us today for your free consultation with our experienced Boston drunk driving accident lawyers. Don’t let insurance companies take advantage of you during this difficult time.
DUI Victim FAQ
Will the Drunk Driver’s Insurance Still Pay if They Were Breaking the Law?
Yes, the at-fault driver’s insurance policy must cover damages from drunk driving accidents even though their policyholder violated the law. Insurance companies cannot deny coverage based on criminal conduct.
Can I Sue the Bar That Served the Drunk Driver?
Yes, Massachusetts dram shop laws allow you to sue establishments that served alcohol to visibly intoxicated patrons who then cause accidents. These claims often provide substantial additional compensation beyond the driver’s insurance.
What If the Criminal OUI Case Gets Dismissed?
You can still win your civil injury claim because it requires a lower burden of proof than criminal conviction. Civil cases need only “preponderance of evidence” while criminal cases require proof “beyond a reasonable doubt.”
How Much Time Do I Have to File a Wrongful Death Claim?
Massachusetts allows three years from the date of death to file a wrongful death lawsuit, and understanding the wrongful death case process in Massachusetts courts helps families navigate this difficult time. However, starting earlier allows more time to investigate and build the strongest possible case for your family.
What If My Previous Lawyer Missed Important Deadlines?
If your former attorney missed the statute of limitations or other critical deadlines, you may have a legal malpractice claim against them. Contact us immediately to evaluate whether attorney negligence harmed your case and what options remain available.