Drunk Driving Accident Lawyer in Massachusetts

Drunk Driving and Civil Liability in Massachusetts

Operating a motor vehicle while under the influence of alcohol is both a criminal offense and a civil tort in Massachusetts. The criminal OUI case and your civil personal injury case are entirely separate proceedings. You do not need to wait for the criminal case to conclude before pursuing civil compensation. An OUI conviction is powerful evidence in your civil case, but a criminal case dismissal or acquittal does not bar your civil claim, the civil burden of proof is lower than the criminal standard. Attorney Jeffrey C. Lavey pursues civil compensation for drunk driving accident victims throughout Massachusetts regardless of the criminal case status.

The Dram Shop Act and Third-Party Liability

Massachusetts law imposes liability on licensed alcohol servers, bars, restaurants, and package stores, who negligently serve alcohol to a visibly intoxicated person or to a minor who then causes an accident. This is called “dram shop liability.” To establish dram shop liability, Attorney Lavey investigates whether the drunk driver was served alcohol at a licensed establishment before the accident, whether the server knew or should have known the patron was intoxicated, and whether the service violated Massachusetts liquor laws or regulations. Dram shop claims provide an additional source of compensation beyond the drunk driver’s auto insurance.

Social Host Liability

Massachusetts law also recognizes limited social host liability for non-licensed servers who provide alcohol to guests. When a social host provides alcohol to a person they know or should know is intoxicated, and that person subsequently causes an accident, the social host may share liability for the resulting injuries. Social host liability in Massachusetts applies primarily to situations involving underage drinkers, those under the legal drinking age of 21. Attorney Lavey evaluates social host liability as a potential additional source of compensation in every drunk driving accident case.

Using the Criminal Case in Your Civil Claim

When the drunk driver is convicted of OUI or OUI-causing serious bodily injury, that conviction can be used as evidence in the civil case. A guilty plea is similarly admissible. Even police reports, field sobriety test records, and breathalyzer results from the criminal investigation are available to support the civil case through discovery. Attorney Lavey coordinates the use of criminal case evidence in every drunk driving civil case to the maximum extent permitted.

Compensation for Drunk Driving Accident Victims

Drunk driving accident victims are entitled to the full range of personal injury damages: all medical expenses, all lost wages and future earning capacity, pain and suffering that reflects the severity and permanence of their injuries, and in fatal cases, wrongful death damages. The deliberately reckless nature of choosing to drive drunk, a choice made knowing it was dangerous and illegal, is highly relevant to the pain and suffering evaluation. Attorney Lavey pursues full compensation from the drunk driver, any applicable dram shop defendant, and every other responsible party.

Frequently Asked Questions