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Call Our Boston, MA Drunk Driving Injury Attorney Experts 24/7 at 617-787-3700 When You or a Loved One is the Victim of a Massachusetts Drunk Driving Injury Case.

Boston, MA Drunk Driving Injury Attorney FAQ

1. What blood alcohol content is illegal?

Alcohol consumption decreases many of a person’s abilities, including the ability to drive a motor vehicle safely. The more alcohol you consume, the greater its effect on your body. The amount of alcohol required to become impaired differs according to how fast you drink, your weight, your gender and how much food you have in your stomach. Massachusetts law makes it illegal for Massachusetts drivers to operate a motor vehicle if their Blood Alcohol Content (BAC) is 0.08% or more. This is because when an individual’s BAC is at this level, their muscle coordination deteriorates, it becomes harder for them to detect danger, and their judgment, self-control and memory are impaired. These impairments affect concentration, speed control, information processing capabilities, reaction time and perception, all of which are needed to safely operate a Massachusetts motor vehicle. Because of this, the safest choice is always not to drink and drive.

2. What should I do if I am involved in a Massachusetts car accident with a Massachusetts drunk driver?

If you have been injured in a Massachusetts drunk driving auto accident, you must seek medical attention immediately, even if you feel fine. If you fear other people may have been injured, call for help as soon as you can. You also should contact the Massachusetts police as soon as possible and make sure that you obtain a copy of the Massachusetts police report for your records. You should also document the scene and the events of the Massachusetts accident. This can be done by taking careful notes about the accident, including the names and contact information of any witnesses, your recollection of what happened, and taking photographs of the scene with a camera or cellular phone before anything is disturbed. These notes will serve as essential pieces of evidence in your Massachusetts drunk driving injury case.

3. I was partly at fault for the accident, but the other driver was legally intoxicated. What happens now?

In Massachusetts, the rules of comparative negligence apply. This means that Massachusetts courts compare the percentage of fault of the Massachusetts drunk driver defendant to the percentage of fault of the victim in the same accident when determining the final amount of compensation that the victim should receive. The victim’s damages will be reduced by the degree that his or her behavior contributed to the Massachusetts drunk driving motor vehicle accident. However, if the victim is found to be more than 50% at fault for the Massachusetts accident, he or she may become ineligible for any financial compensation.

4. Can people other than those involved in the Massachusetts drunk driving car accident bring a lawsuit for damages?

Yes. Legal representatives and family members of someone injured or killed in a Massachusetts car accident can bring a lawsuit on their own behalf. In certain circumstances, close family members who witnessed the accident also may bring a suit under the bystander doctrine. These parties may seek compensation from the drunk driver or third parties, such as the vendor who sold the alcohol to the intoxicated driver.

5. What will I need to prove to win my Massachusetts drunk driving auto accident claim?

Under Massachusetts law, victims and their families can bring negligence claims against Massachusetts drunk drivers for damages. To bring a valid Massachusetts negligence claim, the injured party must prove that:

  • The Massachusetts driver owed a duty to others to operate the motor vehicle in a safe manner;
  • The Massachusetts driver acted in a way that breached this legal duty;
  • The breach of the duty caused injury to the plaintiff; and
  • The plaintiff suffered compensable damages as a result of the injury.

A Massachusetts drunk driver has the same duty of care as a sober driver. Intoxication is not a defense to failing to act as a reasonable driver would in the same circumstances.

In some jurisdictions, driving drunk is considered negligence per se. This means that the very act of driving drunk is enough to prove negligence; and it is therefore considered that the driver breached his or her duty to other drivers by driving while intoxicated. In these cases, the injured parties still must prove that, were it not for the acts of the drunk driver, the injury would not have occurred.

6. I was a passenger in a Massachusetts motor vehicle driven by a Massachusetts drunk driver and I was injured when he crashed the car. Can I sue him?

Possibly. Massachusetts drivers owe a duty of reasonable care at all times, not only to other drivers and pedestrians, but also to passengers in their vehicles. This Massachusetts duty does not change because a driver is intoxicated. However, if the passenger contributed to the driver's intoxication or knew the driver was intoxicated, but chose to ride with him or her anyway, the passenger may be unable to make a successful claim against the driver.

When You or a Loved One is Involved in a Massachusetts Drunk Driving Injury Case, There is No Time to Delay. Please Call Our Boston, MA Drunk Driving Injury Attorney Professionals 24/7 at 617-787-3700. Your Needs Are Our Top Priority!