If you’ve been in an accident caused by a drunk driver, the most important steps are to ensure your safety, call 911, seek medical attention, gather evidence, and consult a lawyer. Drunk driving accidents often result in severe injuries, and insurance companies may try to minimize your settlement. Having an attorney on your side can help you maximize compensation and hold all responsible parties accountable.
Key Points
- Drunk driving is illegal in Massachusetts, and offenders face severe penalties, including license suspension, jail time, and fines.
- Dram shop laws in Massachusetts allow victims to hold bars or restaurants liable for over-serving intoxicated individuals who later cause accidents.
- Other parties may be liable in a drunk driving accident, including employers and vehicle owners if they negligently allowed an intoxicated person to drive.
- A personal injury lawyer can help you recover full compensation, identify all responsible parties, and protect your rights against insurance company tactics.
What To Do If You’ve Been Hit by a Drunk Driver
Being involved in an accident with a drunk driver can be overwhelming, but taking the right steps immediately after the crash can help protect your health, legal rights, and ability to seek compensation. Here’s what to do if you’ve been hit by an impaired driver:
Your safety comes first. If possible, move to a safe location away from traffic to prevent further injury or damage. If you or others are seriously injured, stay in place and wait for emergency responders.
Calling 911 is essential, even if injuries seem minor. Police officers play a key role in drunk driving accident cases by:
- Making an arrest if the driver is intoxicated.
- Administering breathalyzer or field sobriety tests to confirm Blood Alcohol Concentration (BAC) levels.
- Filing an official accident report, which can serve as crucial evidence in your claim.
Never attempt to confront the drunk driver—let law enforcement handle the situation.
Even if you feel okay, some injuries take time to appear, especially after a high-impact accident. Seek medical care as soon as possible to:
- Identify hidden injuries, such as internal bleeding or concussions.
- Document your injuries for insurance and legal claims.
- Start necessary treatment early to prevent complications.
Failing to get medical treatment right away could weaken your case when seeking compensation.
If you are able, gather evidence at the accident scene, including:
- Photos and videos of the crash, vehicle damage, and road conditions.
- Witness contact information, as their testimony could support your case.
- The drunk driver’s details, including their name, license plate number, and insurance information.
A copy of the police report number, which your lawyer can later obtain to strengthen your claim.
This evidence can help prove fault and maximize your compensation.
Notify your insurance provider about the accident as soon as possible. When reporting, stick to the facts and avoid making statements that could be used against you later. You are not required to speak with the drunk driver’s insurance company—let your lawyer handle all communications.
Drunk driving accidents often lead to serious injuries and long-term damages, and insurance companies may try to limit your settlement. A drunk driving accident lawyer can:
- Handle all legal and insurance matters while you recover.
- Fight for the maximum compensation you may be entitled to.
Determine if you qualify for punitive damages, which are awarded to punish the drunk driver.
If you’ve been hit by a drunk driver, don’t navigate the legal process alone. Contact a lawyer today to protect your rights and seek the justice you deserve.
The Penalties for Driving Drunk
Driving under the influence in Massachusetts, known as an OUI, results in serious penalties, including:
- Implied Consent Law: Mandatory breathalyzer test; refusal leads to license suspension.
- License Suspension:
- BAC of .08% or higher: 30-day suspension.
- Test refusal: 180 days to lifetime suspension based on prior offenses.
- Criminal Penalties: Jail time and fines that increase with repeat offenses.
- First offense: Up to 2.5 years in jail, $500-$5,000 fine, 1-year license suspension.
- Subsequent offenses: Harsher penalties, including longer jail time and higher fines.
Additional consequences a drunk driver may face include possible vehicle impoundment, installation of an ignition interlock device, and mandatory treatment programs.
Further Impacts of Driving Drunk
Beyond the legal penalties, the effects of drunk driving can be devastating. When someone chooses to drive under the influence, they risk not only their own life but also the lives of others.
A drunk driver can cause severe accidents leading to:
- Injury or Death: Drunk driving significantly increases the likelihood of serious accidents, potentially resulting in severe injuries or fatalities for drivers, passengers, and innocent bystanders.
- Emotional Trauma: Survivors of such accidents often experience lasting emotional and psychological trauma. Families who lose loved ones to drunk driving face immense grief and irreversible loss.
- Financial Burden: Victims of drunk driving accidents may incur substantial medical expenses, lost wages, and costs related to property damage, creating long-term financial hardships.
For those who have been hit by a drunk driver, the pain and disruption caused by someone else’s recklessness can be life-altering, highlighting the need for strict enforcement and public awareness of DUI laws as well as access to fierce legal representation.
Dealing With Insurance Companies After Being Hit by a Drunk Driver
Insurance companies know that they have a poor legal case when their insured causes damages because he or she was driving while intoxicated. As such, the insurance adjuster will likely contact you shortly after the accident to offer you a small settlement to close out the case. This resolves the claim quickly, often before you fully understand the extent of your damages and what your case could be worth.
It is a good idea to speak with a Massachusetts car accident attorney before talking to an insurance company. An experienced attorney will be able to let you know what your claim is worth and help you estimate potential future damages, including medical expenses and lost wages. Sometimes, you need extra time to determine how your accident will affect you in the long run. Settling quickly may not provide you with enough funds for the future.
Who Can Be Held Liable in an OUI Accident?
Other parties besides the driver and his or her insurance company may be involved in a drunk driving case. In fact, in some cases, the driver may not be the actual liable party. Additional at-fault parties could include the following:
- Dram Shop Laws: Establishments that serve alcohol, such as bars and restaurants, can be held liable if they over-serve a visibly intoxicated person who then causes an accident. These laws are designed to hold businesses accountable for their role in contributing to drunk driving incidents.
- Massachusetts Dram Shop Laws: In Massachusetts, if a bar or restaurant continues to serve alcohol to a visibly intoxicated patron, they can be held partly responsible for any resulting accidents. This liability can be pursued alongside claims against the driver.
- Employer Liability: In some cases, an employer may be held responsible if an employee causes an accident while driving under the influence during work-related activities. This can include scenarios where alcohol was consumed at a company event or while performing job duties, as well as instances where the employee was driving a company vehicle.
- Vehicle Owners: If the driver was operating a vehicle owned by someone else, the vehicle owner could be held liable. This is particularly relevant if the owner knowingly allowed an intoxicated person to drive their vehicle.
Holding all responsible parties accountable ensures a more comprehensive approach to justice and compensation, addressing the broader context of the incident beyond the actions of the drunk driver alone.
Have an Attorney on Your Side
If you’ve been hit by a drunk driver, having legal representation can make a significant difference in your case. A skilled attorney from Jim Glaser Law can help you navigate the complexities of dealing with insurance companies, ensuring you receive fair compensation for your injuries and damages. We can be sure you identify all liable parties, including the drunk driver, establishments that over-served alcohol, employers, and vehicle owners, to ensure you achieve comprehensive justice.
Your attorney will advocate for your rights, provide guidance through the legal process, and help you make informed decisions about your case. Get a free consultation to find out how we can help in securing the compensation you deserve and holding all responsible parties accountable.
