Fatalities Caused by Drunk Driving Accidents
The attorneys at Breakstone, White & Gluck are committed to representing the surviving relatives of people who tragically lost their lives due to fatal drunk driving accidents. Losing a loved one due to someone’s carelessness is one of the most devastating and painful experiences that a person may ever face. Although there is no amount of money that can truly make your family whole again after this type of loss, it can help offset the financial burden that is associated with medical bills and funeral expenses, as well as the loss of your loved one’s financial support. While your family is coping with your loss, our Boston wrongful death lawyers can fight tirelessly to ensure that you are compensated fairly for the loss of your loved one.Bringing a Claim Following a Fatal Drunk Driving Accident
According to the Centers for Disease Control and Prevention, roughly one-third of all car accidents that result in fatalities are caused by a drunk driver behind the wheel. Considering the impact that alcohol has on a person, it is no surprise that the accident rate is so high. Drunk drivers have reduced reaction times, which means that it will be harder for them to adjust to sudden changes in traffic patterns. Their depth perception is compromised, as is their ability to concentrate. Alcohol dulls their mental clarity and alertness, which makes it difficult for them to make decisions while driving or to react appropriately to traffic signs and other roadway events.
In Massachusetts, it is unlawful to operate a motor vehicle while intoxicated. If a driver has a blood alcohol content of 0.08 or higher, he or she is considered intoxicated. Levels between 0.04 and 0.08 may also result in a drunk driving prosecution if the driver shows signs of impairment. The driver will likely face criminal liability for his or her conduct. The drunk driver may also be held civilly liable for the damages that he or she has caused.
Massachusetts law allows the personal representative of the decedent’s estate to bring a wrongful death lawsuit against the individual who caused the drunk driving accident. To prevail in the lawsuit, the attorney must prove that the defendant did not use appropriate care and skill while operating his or her vehicle and that this was the ultimate cause of your loved one’s death. When it comes to driving, the standard of care requires all drivers to act in the same way that a reasonable and prudent motorist would act when facing the same situation. Since drunk driving is illegal, a prudent and reasonable driver would refrain from getting behind the wheel after drinking too much. One of the potential ways to establish that the other driver was intoxicated is by obtaining a copy of a police report that describes the crash. The officer will usually note whether a driver was intoxicated. A criminal conviction will be admissible in court. The drunk driver’s medical records can also be obtained as evidence.
If your attorney is successful in establishing liability, the estate will be entitled to receive reimbursement for any medical expenses incurred after the accident, as well as funeral and burial expenses. The decedent’s surviving loved ones can claim compensation for the loss of their loved one’s companionship, society, and support, as well as the value of the income that their loved one would have been expected to earn. A knowledgeable wrongful death lawyer can help you ensure that you request the full amount of damages that you deserve.
At Breakstone, White & Gluck, we will also search for other parties who have potential liability. Drunk drivers often are on their way home from bars or social functions. A bar that over-served a customer may be liable under Massachusetts dram shop laws. A social host who serves too much alcohol at an event or a party may also be liable for any injuries that their drunken guest causes.Meet with a Knowledgeable Boston Attorney Following a Fatal Drunk Driving Crash
Whether you are eager to seek justice for your loved one or are seeking answers regarding the legal process, we offer a free consultation to discuss your situation. You probably have many questions about wrongful death lawsuits and what the process involves. We are available to meet with you to help you learn about your options and how we can assist you. We are experienced in the representation of families in lawsuits arising from fatal drunk driving accidents, so we know what you need from an attorney during this period. We will provide you with compassionate legal assistance. We serve families in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, among other cities. To schedule a free appointment to discuss a car crash case, call us at 1-800-379-1244 or contact us online.