The dangers of driving under the influence of drugs or alcohol are well-known, documented, and ingrained in most individuals before they even obtain their driver’s license. However, unfortunately, drunk driving continues to be problematic, causing thousands of fatal accidents every year. Victims of Massachusetts drunk driving accidents may be able to obtain compensation for their injuries through a personal injury lawsuit. There may be more than one person responsible after a drunk driving car accident, and naming all potentially liable parties in a case is crucial. Thus, it is important that victims contact an attorney to discuss their rights and remedies.
In Massachusetts, the law presumes that a driver is “operating under the influence” (OUI) if their blood alcohol concentration (BAC) is over than .08. However, in some cases, a lower BAC may cause the driver to experience an impairment, especially if the person consumed drugs while drinking. In cases where the driver was under the legal drinking age, a BAC over .02 automatically results in an arrest. Although an OUI is helpful to plaintiffs in civil claims, it is not an automatic means to recovery. Neither is an OUI conviction necessary to pursue a personal injury lawsuit. Accident victims should contact an attorney to ensure that their case is appropriately prepared and presented to a judge or jury. The failure to adequately prepare a case may result in a dismissal or inadequate recovery.
Recovering after a Massachusetts drunk driving accident is critical in the process to attempt to make a plaintiff or their family “whole again.” Mainly because these accidents tend to result in severe personal injuries and property damage. For instance, according to a recent news report, a 78-year-old man, with a history of drunken driving, caused an accident that resulted in the death of a man in a wheelchair. Witnesses explained that they saw the driver run over the man in the wheelchair, then reverse, and run over him again. The driver then got out of his car and tried to leave the scene of the accident. Police indicated that the driver had four previous drunken driving charges, but had an active, valid license. The driver’s license was most recently reinstated in 1999 after being suspended for 18 months following his fourth drunk driving conviction. Further, his license was suspended three other times because he failed to take a chemical breath test and for reckless driving.