Drunk driving accidents are a serious concern in Massachusetts, as they are throughout the United States.

What does Massachusetts law say about drunk driving?

In Massachusetts, and across the United States, a driver is considered legally impaired when their blood alcohol concentration (BAC) reaches or exceeds a set limit, which is 0.08%.  This applies to non-commercial drivers over the age of 21. For drivers under the age of 21, the legal limit is 0.02% BAC or higher.

One significant legal aspect to consider in Massachusetts is the dram shop law. This law enables individuals injured by drunk drivers to bring claims against bars or establishments that may have served too much alcohol to the at-fault driver. 

Similarly, social host liability laws also play a role in holding individuals accountable if they knowingly served alcohol to someone already intoxicated. Both these laws extend the scope of responsibility beyond just the intoxicated driver and highlight the importance of responsible alcohol service.

Statistics on drunk driving accidents in Massachusetts

In 2021, over one-third (34%) of all motor vehicle deaths in Massachusetts involved a drunk driver, which was higher than the national rate of 31%.  Of car and truck drivers hospitalized in Massachusetts for crash-related injuries in 2021, over one-third (35%) were identified as being under the influence of alcohol or drugs at the time of the crash. Drivers hospitalized for crash-related injuries who had used alcohol or drugs were 35% more likely to suffer a traumatic brain injury or spinal cord injury than drivers who had not used alcohol or drugs (mass.gov).

The holiday season, particularly from Thanksgiving to New Year’s Day, sees an uptick in drunk driving incidents, with an estimated 25,000 people injured in related crashes statewide. This statistic serves as a sobering reminder of the heightened risks during the holidays when celebrations often involve alcohol consumption.

Understanding these statistics is pivotal in recognizing the impact drunk driving has on communities and in reinforcing the need for stringent enforcement of DUI laws, public education on safe driving practices, and support for victims navigating the aftermath of drunk driving accidents.

The impact of drunk driving accidents on victims and drunk drivers

Statistics reveal that drunk drivers contribute to a high percentage of fatal crashes, with impaired judgment and slowed responses making the roads dangerous for everyone. The aftermath of these accidents can leave victims and their families grappling with financial instability due to the cumulative cost of medical care, rehabilitation, and therapy.

In more tragic scenarios, families might face the devastating loss of a loved one, leading to wrongful death lawsuits. These incidents can inflict profound emotional distress and long-term changes to a family's dynamics and livelihood.

Moreover, when a drunk driving incident involves a hit-and-run scenario, insurance complications intensify. Victims may face hurdles in receiving the compensation they are entitled to, again underscoring the need for knowledgeable legal assistance to navigate these challenging situations.

Drunk driving jeopardizes the safety of all road users and brings a multitude of legal repercussions for those found guilty of operating a vehicle under the influence. Legal consequences can include: criminal charges, license suspension and revocation, fines and penalties, potential jail time.

Seeking justice and compensation after a drunk driving accident

Victims involved in these accidents often face the overwhelming task of proving that the impaired driving directly led to their injuries and losses to claim damages. While the at-fault driver's impairment might be apparent, victims might still need to gather compelling evidence to substantiate their claim. This includes showing that the driver's negligence directly caused the crash and resulting harm.

Victims of drunk driving accidents can secure various types of damages in a personal injury lawsuit. Financially speaking, compensation for medical expenses, ongoing care costs, and lost wages due to missed work are claimable damages. Intangible, yet substantial, non-economic damages such as pain, suffering, and loss of life enjoyment are legally recognized, with no capped limit for recovery in Massachusetts.

However, a significant challenge arises when trying to collect compensation from an uninsured or underinsured intoxicated motorist. In such cases, the victim's own insurance coverage might come into play, potentially through uninsured motorist coverage. However, insurance policies can have their own limitations and complications, making the recovery process frustrating for those without legal experience.

Because the consequences and legal proceedings can become complex, many victims seek the help of personal injury attorneys. These professionals specialize in understanding the nuances of drunk driving accidents and can guide individuals through the process of filing personal injury claims, pushing for fair settlements, and, when necessary, taking cases to trial.

How personal injury lawyers can help in drunk driving accident cases

Personal injury lawyers play a crucial role when dealing with the aftermath of a drunk driving accident and victims of drunk driving accidents can find an invaluable resource in personal injury lawyers during a difficult time. 

Personal injury lawyers can:

• Clarify legal rights and damages 
• Assist in the acquisition of crucial evidence, such as police reports, medical documentation, and witness testimonies to support the victim's claim
• Fight to secure fair compensation and prevent any premature settlements that could potentially undermine the victim's rights 
• Prove negligence of a drunk driver in legal proceedings
• Shoulder the responsibility of negotiating with insurance providers to ensure victims are rightfully compensated for their medical expenses, loss of income, and any pain and suffering, including emotional distress incurred.
  
  

Additionally, in scenarios where a social host is implicated, attorneys will investigate relevant laws and previous court rulings to assign accountability for injuries tied to serving alcohol to someone visibly intoxicated.

If you or a loved on has been the victim of a drunk driving accident, importance should be placed on contacting a personal injury attorney promptly after an accident to help safeguard one's legal rights and to ensure timely steps are taken to secure due compensation.

Contact the Law Offices of Jason M. Ranallo

If you want or need legal assistance, our experienced and trusted personal injury lawyers at the Law Offices of Jason M. Ranallo, P.C. have what it takes to fight an insurance company every step of the way. We settle cases through negotiation, mediation, arbitration, and will go to trial if a fair and just settlement cannot be achieved.

Our personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless our attorneys recover financial compensation for your injuries. If you believe you have a personal injury claim from a vehicle accident, contact us today and we will provide a free case evaluation.