Drunk Driving Accidents in MA

Boston Drunk Driving Accident Attorneys

Fierce representation when you’re injured by a drunk driver in Massachusetts

If you or a loved one were injured in a drunk driving accident, you need an experienced lawyer on your side to handle the details. Drunk driving accidents can cause serious injuries, growing medical expenses, and anxiety about how you will pay your bills. A skilled lawyer can help you seek compensation for your injuries and losses.

The Boston lawyers of Breakstone, White & Gluck have over 100 years combined experience handling car accident and wrongful death cases, including drunk driving accidents. We have a track record of success working with some of the nation’s top accident reconstructionist, toxicology and dram shop experts to win your case. We will also give you and your family aggressive and compassionate representation to obtain the best results. In one case, we secured $1,000,000 for a victim of a drunk driver who suffered severe skull fractures. Get in touch with us today to find out how we can help.

OVER $300 MILLION
won for our clients

Practice Areas

Common questions from injury clients

What should I do after an accident caused by drunk driving?

Here are the steps you should take after an accident caused by drunk driving:

  • Check for injuries. If anyone is injured, call 911 immediately.
  • Stay at the scene of the accident. Do not move your vehicle unless it is blocking traffic or posing a hazard.
  • Exchange information with the other driver. This includes their name, address, insurance information, and driver's license number.
  • Take photos of the scene, including both vehicles, damage, and their positions.
  • Call the police. The police will investigate the accident and create a report.
  • Seek medical attention. Even if you do not think you are injured, it is important to get checked out by a doctor.
  • Report the accident to your insurance company. Your insurance company can help you file a claim for compensation.
  • Consult with an attorney. An experienced attorney can help you understand your legal rights and options and can represent you in negotiations or in court.

What damages can you claim in a Boston drunk driving accident case?

If you’re injured in a crash caused by an intoxicated or impaired driver, you may be entitled to damages, including:

  • Medical expenses, current and future
  • Lost wages and future earning potential
  • Pain and suffering
  • Scarring and disfigurement
  • Loss of enjoyment of life
  • Punitive damages, in some cases

If your loved one lost their life in a drunk driving accident, our lawyers can file a wrongful death claim on your behalf, which can include funeral and burial expenses as well. Generally, you only have three years to file a personal injury or wrongful death claim, but exceptions may apply. Call us as soon as you can in order to get started, so you are not time-barred from making a claim.

Who pays the bills after a drunk driving accident in Boston?

In Boston drunk driving accident cases, there are several parties who may bear responsibility, depending on the circumstances of the crash. For example:

  • Drivers may be held liable if they cause a car crashand you or a loved one is injured or killed.
  • In Massachusetts, homeowners may also be held liable if they served the driver. This is known as social host responsibility. It’s also a crime to serve alcohol to minors at home per state law: “It is against the law to serve or provide alcohol to underage guests or to allow them to drink alcohol in your home or on other property you control.”
  • Any establishment with a liquor license which served a driver may also be liable and have to pay damages to the victim of a drunk driving crash. This is known as dram shop liability. “Dram shops” include bars, restaurants, taverns, nightclubs, social clubs, liquor stores and sporting venues. Our team was able to secure a $1 million award in a dram shop claimon behalf of a 20-year-old man who sustained severe skull and facial fractures in a collision with a drunk driver. Our client was a passenger in the vehicle which was hit, and the drunk driver was overserved by a local restaurant.

The attorneys at Breakstone, White & Gluck can help determine any and all liable parties.

How can a drunk driving accident attorney from Breakstone, White & Gluck help?

A Boston drunk driving accident attorney can help you in many ways, including:

  • Understanding your legal rights. An experienced attorney can help you understand your legal rights and options after a drunk driving accident. They can explain the different types of damages you may be able to recover, such as medical expenses, lost wages, pain and suffering, and emotional distress.
  • Gathering evidence. An attorney can help you gather evidence to support your claim, such as police reports, medical records, and witness statements. They can also help you preserve evidence, such as photographs of the accident scene.
  • Negotiating with the insurance company. An attorney can negotiate with the insurance company on your behalf to get the best possible settlement for your claim. They can also represent you in court if necessary.
  • Helping you recover compensation. If you are unable to reach a settlement with the insurance company, an attorney can represent you in court and help you recover the compensation you deserve.

If you have been injured in a drunk driving accident, it is important to speak with an experienced attorney from Breakstone, White & Gluck as soon as possible. We can help you protect your legal rights and get the compensation you deserve.

What is the impact of drunk driving in Massachusetts?

The Centers for Disease Control and Prevention (CDC) reports that each day, “29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 50 minutes.”

They also note that driving while impaired by any substance is a risk, and, in addition to alcohol, that can include marijuana, illicit drugs, and prescription or non-prescription medications. Per the CDC, “12.6 million people reported driving under the influence of marijuana or other illicit drugs in 2018.”

Closer to home here in Massachusetts, in 2021, drunk and drugged driving was suspected in 122 traffic fatalities. Massachusetts also has a slightly higher percentage of fatalities involving high BAC drivers (.15+), at 72.7% compared to the national average of 70.7 percent.

Drunk Driving Accident Attorney Boston

What are Massachusetts’ drunk driving laws?

In Massachusetts, a person is presumed to be operating under the influence of alcohol (OUI) if their blood alcohol concentration is greater than 0.08 percent. But a blood alcohol concentration below 0.08 may still result in an impairment, especially when the alcohol is mixed with drugs. In Massachusetts, if you are operating a motor vehicle, you have given implied consent to having your blood alcohol tested—typically by a breath test which is administered in the field or at the police station. This may be followed by an actual blood test. For operators under the age of 21, a blood alcohol concentration over 0.02 will result in arrest.

A criminal conviction for operating under the influence will be strong evidence in any case involving personal injury or wrongful death. Juries have little tolerance for drunk drivers, so verdicts may be larger, and punitive damages may be available if the case involves wrongful death.

Ignition interlock devices

One controversy regarding driving while impaired in our state involves the use of ignition interlock devices (IIDs). A much-cited 2017 study in the American Journal of Preventative Medicine reported that IIDs reduced fatal drunk driving crashes by seven percent. However, Massachusetts has yet to broaden their IID program to include all OUI offenders.

MADD National President Colleen Sheehey-Church stated in a press release at the time, “Massachusetts is one of only two states that fails to utilize interlocks for first-time offenders, and is the only New England state, and one of 22 across the nation, that has not passed an all-offender ignition interlock law. The lack of an all-offender law brought down Massachusetts’ rating in MADD’s recent state-by-state ranking.”

What types of injuries are caused by Boston’s drunk drivers?

Drunk driving injuries can be severe. A drunk driver can injure the occupants of other vehicles, pedestrians and cyclists. They can also injure other passengers in their own vehicles. Motorists aren’t the only ones who can harm others by drinking and driving. By operating under the influence, motorcyclists, ATV operators and boat operators can put others in danger.

These injuries include:

No matter what type of injury you sustained, and whether it puts you out of commission for weeks or even years, our Boston attorneys are here to hold the right people accountable.

Do you have a drunk driving accident attorney near me?

Breakstone, White & Gluck has an office in Boston at 2 Center Plaza #530 in Government Center, within walking distance of the John Adams Courthouse and Suffolk County Superior Court. There’s a parking garage in the building. The MBTA Green Line and Blue Line are right across the street at the Government Center T station. There’s also a bus stop almost right in front of our office. If you are unable to travel because of your injuries, we can arrange a phone or video conference, or a hospital visit.

Center Plaza

Tenacious representation after a drunk driving crash in Boston and throughout Massachusetts

At Breakstone, White & Gluck our personal injury lawyers have over 100 years combined experience representing victims of drunk driving accidents. We’re here to fight for the compensation to which you’re entitled and the justice you deserve. When you’re ready to get started on your claim, call our offices today or use our contact form.

Related articles