Being hit by a drunk driver can be a traumatic and life-altering experience. In Massachusetts, there are specific laws and procedures designed to address such incidents, ensuring that victims receive the justice and compensation they deserve. If you find yourself in this unfortunate situation, understanding your rights and the legal landscape is crucial. Follow along to find out what you need to know about Operating Under the Influence (OUI) charges and accidents in Massachusetts.
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.
