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Boston drunk driving car accidents sometimes involve a driver who attempts to flee the scene following the accident.  In some cases, the at-fault driver’s car is still running and able to move and they will try to get away in the vehicle.  In other cases, the defendant’s car will be totaled from the Boston drunk driving car crash and he or she will try to flee the scene on foot.  Even if they are eventually caught, the thinking process appears to be that they will no longer be intoxicated so it will be harder to prove a drunk driving criminal case.  When a driver leaves on foot, it is not too difficult for the police to catch them if the car is registered in their name.

drunk driving accidentIn some Boston drunk driving crashes where the driver flees the scene, he or she will never be caught.  When this occurs, car accident victims may have to find other sources of recovery than the at-fault driver’s car insurance company.  When the diver flees the scene and is not found, we typically call this a John Doe driver case. Continue reading

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A lawsuit filed after a drunk driving accident in Boston is a civil action where defendant may be held liable and the plaintiff awarded monetary damages. The same is not true in a criminal action.  However, unlike with many other Boston personal injuries, the tortious act in question is also illegal, so the defendant will likely be facing one or more criminal charges in a separate case.

Boston drunk driving crashEven though the criminal case and civil drunk driving lawsuit are separate cases, the criminal case can have major effects on the civil personal injury case.  The way this typically works is that following a Boston drunk driving crash, the police will be called to investigate, and if they suspect the at-fault driver was operating a motor vehicle under the influence of alcohol (OUI), the officer will conduct a drunk driving investigation consistent with the officer’s training and experience and the DWI Detection guidelines established by the National Highway Traffic Safety Administration (NHTSA), which have been adopted by law enforcement agencies around the nation.

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Losing a family member in a Boston drunk driving accident can have such a devastating effect on the surviving family members. The emotional pain and mental suffering is unbearable, but the financial losses are crushing as well. These losses include medical expenses, lost wages and loss of potential future income and benefits. To compensate one surviving family, a defendant in one recent case agreed to a $4.8 million settlement, according to a recent news article from Fox News.

DUI Ignition InterlockThis was a very high-profile alleged drunk driving case in which the defendant was Amy Locane, who is an actress best know for her work in the 1990s cult classic musical “Cry Baby,” as well as a major role in the first season of the popular series, “Melrose Place.”  The fatal alleged drunk driving car crash occurred in 2010. Locane received a 2.5-year prison sentence, but that wasn’t enough to compensate the family of the 60-year-old decedent. Thus, they pursued a civil case. Much of the settlement payout will be derived from the hosts of the party where Locane was drinking prior to the crash, under the theory of social host liability.  Continue reading

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The clear majority of Boston car accident cases are purely civil matters.  The at-fault driver will likely get a citation for one of more moving violations such as failure to stay in the proper lane, or one of the others listed in Massachusetts General Laws (M.G.L.) Chapter 90C.

Boston drunk driving accidentsHowever, unless the driver was intoxicated by alcohol or drugs, or doing something extremely reckless like participating in an illegal street race, there will not be any criminal charges filed.  Continue reading

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With marijuana being legal in Massachusetts, there have been an uptick of crashes caused by drivers under the influence of the drug. While we often talk about the dangers of drunk driving, drugged driving, can and often does result in serious personal injury or even death. However, as our injury lawyers can explain, the difficulty is often proving the at-fault driver was in fact under the influence of marijuana at the time of the crash.

Boston car accidentsWhen a person is suspected of drunk driving, the police can investigate and ask the suspect to perform a series of standardized field sobriety tests (SFSTs). If the police have probable cause to arrest the suspect on suspicion of drunk driving, they will take the suspect back to the police station or the state police barracks and have the suspect take a breath alcohol test.

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According to a recent news article from the Boston Globe, a New York City bus driver was involved in serious bus accident when he allegedly crashed into another bus.  He was killed, as were two others.

Boston drunk driving crashAuthorities have said this driver had a history that included multiple traffic accidents including a recent conviction for driving under the influence of alcohol.  Despite his employer allegedly knowing of his criminal and motor vehicle history, he was cleared to continue driving prior to the deadly bus crash. Continue reading

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When people talk about drunk driving crashes in Boston, they often call them drunk driving accidents.  While it is okay to use this term, as discussed in a recent article from The Chronicle of Higher Education, these are generally someone’s fault, and therefore, the proper term should be drunk driving crashes, as this does not indicate a lack of blame. The truth is, these collisions occur because of specific choices made by the driver. The offense of operating under the influence (OUI), as defined in MGL c. 90 s.24, is to drive a vehicle while under the influence of intoxicating liquor and/ or with a blood-alcohol concentration that meets or exceeds 0.08. To do so is not only a criminal offense, it is a breach of one’s duty to passengers, other motorists and pedestrians to use reasonable care on the roads.

Boston car accident lawyer In keeping up with the changing terminology, Waze, one of the most popular navigation apps, has begun using the word “crash” when explaining a road hazard ahead that involves a motor vehicle collision.  Continue reading

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According to a recent news article from Boston.com, a man was just arrested in the greater Boston area after allegedly crashing his car.  When the police ran his driving record and arrest history through the computer on the cruiser, they saw that he allegedly had 18 prior offenses for drunk driving.

Boston drunk driving crashIn this particular accident, authorities say the defendant crashed his motor vehicle into a utility pole.  The 58-year-old man was driving his 2005 Toyota Scion at around 8 p.m. when the crash occurred, and the reason for the crash was that he failed to handle a curve in the road and allegedly left the road surface and crashed into the large utility pole.  Continue reading

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There is often a distinction between what actually happened and what can be proven in a court of law. This is because of the complex rules of evidence and trial practice that come into play during a civil drunk driving crash lawsuit in Boston. In some cases, the alleged drunk driving accident is actually captured on video, and that video may be introduced at trial in many circumstances.

Boston drunk driving According to a recent news article from CBS Local Boston, an alleged drunk driving car accident in Cohasset was captured on video by bystanders in a vehicle traveling behind the suspected drunk driving. Continue reading

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Drunk driving involves acting with an extreme risk towards the safety of oneself and others. The tort underlying a Boston drunk driving lawsuit is negligence which involves breaching one’s duty of care towards plaintiff in a manner that causes damages to others.  The four elements of negligence are duty, breach, causation, and damages. Causation can be further broken down into actual and proximate cause.

Boston drunk driving lawyerActual cause is also known as “but for” causation. This is where the harm incurred (damages) would not have happened absent defendant’s negligent conduct. One example would be where defendant is negligent in fixing plaintiff’s brakes.  Plaintiff is unable to stop in time at a red light and goes through the intersection where he or she T-bone’s another vehicle causing serious damage. Had the mechanic not been negligent in fixing the brakes, plaintiff would have stopped in time and the accident would not have occurred.  We could say that “but for” the mechanic’s negligence in fixing the breaks, the accident would not have occurred. This is actual causation. Continue reading