Articles Posted in Boston Drunk Driving Accidents

According to a recent article from CBS Los Angeles, a man has been charged with murder after a 19-year-old driver was killed in what appears to be an alcohol-related car accident.

The victim was driving with his girlfriend when the alleged drunk driver swerved his vehicle and crashed into them. The driver was pronounced dead at the scene of the accident. The man’s girlfriend was taken to the hospital. Her injuries were not life-threatening.

Authorities are reporting that the defendant fled the scene of the accident on foot and was arrested when police arrived at his home following the crash. The defendant was also charged with driving under the influence (DUI), leaving the scene of an accident (hit-and-run), and driving with a suspended license. According to this article, the defendant had previously been convicted of a DUI in which there was a personal injury.

As your Boston drunk driving lawyer understands, there is a good chance that adriver who had his license suspended for a previous DUI did not have car insurance. There is the possibility that the person borrowed the car from someone who did have insurance. If this is the case, you may be able to collect from the owner’s policy, and you may have an additional negligence claim for the owner’s negligence in lending the defendant the car.
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A recent story from 7KTVB discusses how an Idaho man has been sentenced to 40 years in prison for drunk driving. The 42-year-old man was convicted of felony DUI. He is eligible for parole in 10 years but could spend the rest of his life behind bars.

While a DUI is normally a misdemeanor offense, it can be charged as a felony after the defendant has been convicted of a certain number of misdemeanor drunk driving offenses. According to court records, this defendant was sentenced for his fifth felony DUI. He had 2 misdemeanor DUIs on his criminal record as well.

As your Boston drunk driving injury lawyer can explain, in the Commonwealth of Massachusetts, operating under the influence (OUI) is a misdemeanor for a first and second offense and a felony for third and subsequent offenses. For misdemeanors in Suffolk County (Boston), the drunk driver could serve up to 2.5 years at the South Bay House of Corrections. For felonies, the defendant could face five years or more in a Massachusetts Correctional Institute (state prison).
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According to a recent article in the Worcester Telegram, parents routinely engage in the exact dangerous driving habits they warn their kids against – including driving while intoxicated.

Research done by a Boston-based insurance company indicates more than 40 percent of teens have tried to get their parents to stop texting while driving, and almost 20 percent of teens have tried to get their parents to stop driving while high on marijuana.

As your Boston drunk driving car accident lawyer can explain, the official name of the criminal charge in Massachusetts is operating a motor vehicle under the influence (OUI) of intoxicating liquor or drugs. Driving while high on marijuana or any other drug is treated the same as drunk driving. Driving while high is a negligent act that puts everyone else on the road at risk.
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According to a recent report from the Sun-Times Media Wire, a police officer in Indiana was conducting a traffic stop around 1:30 a.m. and standing outside of his cruiser when a jeep collided with his vehicle. The collision caused the vehicle to push him down on the pavement.

After crashing into the police car, the driver of the Jeep allegedly fled the scene but was arrested a short time later. During his arrest, police gave the driver a breath-alcohol test (breathalyzer), where it was determined he had a breath-alcohol content of .14 grams of ethanol per hundred milliliters of blood. The legal limit in every state pursuant to a federal regulation is .08. If the defendant’s score is accurate, he was driving with nearly twice the legal limit.

The defendant was charged with driving while intoxicated (DWI), leaving the scene of an accident (hit-and-run) and driving with a suspended license.
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Our Boston drunk driving accident lawyers understand that in many cases, the surviving heirs of deceased victims must open a probate estate before bringing a lawsuit in Superior Court.

According to a recent story from WGN, two occupants of a car were killed after the drunk driver behind the wheel ran off the road, through a barrier, and the car fell nearly 50 feet into a water-filled quarry. This occurred near Chicago.

The two passengers were not able to escape from the submerged car, and police divers recovered their bodies. It has been further reported that the driver was able to escape from the car and swim to shore. All occupants of the car were 21 years of age. Police have charged the driver with crimes related to a drunk driving fatality.
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Our Boston drunk driving car accident attorneys know that many of the worst alcohol-related car accidents involve young drivers.

A recent feature on Boston.com looks at the history and effects of having a national drinking of age of 21. This July marks three decades since the National Minimum Drinking Age Act took effect when President Ronald Regan signed it into law.

As the article notes, this national act required all states to raise the drinking age to 21. Any state that did not comply with the provisions of the act would face a significant cut in its federal highway budget.

While, normally, the federal government does not have the authority to force a state to enact a local law, the government does have the power to withhold federal funding for various programs if the state does not comply. This was the method used to mandate compliance with the Drinking Age Act. Though some states were initially reluctant, every state eventually complied with the act’s requirements, and the drinking age was 21 throughout the nation in the summer of 1984.
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The wife of a man who drove drunk and killed a father of two has been held civilly liable for $25 million in damages for negligent entrustment of her vehicle to her husband.

The Texas case of Casas v. Noreiga sends a powerful message to loved ones of alcoholics and addicts. When these individuals are granted access to motor vehicles, often without insurance, they present a potentially fatal hazard to everyone with whom they share the road. Boston drunk driving accident attorneys know negligent entrustment is one way the courts can ensure those who handed over the keys are held responsible.

An allegation of negligent entrustment can apply not only to spouses, but also parents of children who drive recklessly or cohabiting partners, siblings and even friends.
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In the full swing of summer, there are a greater number of gatherings at which under-21 guests are consuming alcohol. Adults who host these parties or provide the alcohol need to know they may not only face criminal sanctions, they could be held civilly liable should an injury result.

Boston drunk driving accident lawyers are familiar with M.G.L.c. 138, § 34, passed in 2000, which holds social hosts liable for injury to innocent third parties by an intoxicated guest when the host supplied or provided alcohol.

There are few cases in which the courts have allowed a person to be held liable for injuries sustained by the guest – even if that guest is underage.
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While marijuana was decriminalized in Massachusetts in 2009 and approved for medicinal purposes last year, driving under the influence of the drug remains just as illegal as driving while drunk, per Mass. Gen. Laws Ann. ch. 90-24(1)(a)(1).

However, a new report by Addiction-Treatment.com and Fractl analyzed federal data to determine whether police across the country are enforcing these laws. Our drunk driving injury lawyers in Massachusetts note that Massachusetts performed abysmally, ranking dead-last for marijuana arrests per 100,000 users.

There is a one-hundred fold difference between our 275 arrests per 100,000 marijuana users and the Illinois high of 30,000 arrests per 100,000 marijuana users. Part of this is by virtue of the fact that our state doesn’t consider it a crime to possess an ounce or less of the drug, while Illinois still does. Those arrests for minor possession add up. But these figures also factor in impaired driving arrests, and we think it doubtful that less than one-quarter of one percent of all marijuana users in the state are driving impaired.
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The Boston Marathon bombing has generated heart wrenching stories about athletes, loved ones, married couples, parents, children and others impacted by the tragedy. In another news story that made fewer headlines leading up to this year’s race, a Boston Marathon runner was killed by a drunk driver only months before the race. According to the Washington Post, the accident happened in January, while a Virginia couple was training for the Boston Marathon. The couple had three children and found running together to be a positive way to spend time together after their children left for school.

This was another preventable drunk driving tragedy, which too often impact the lives of families and communities nationwide. Our Boston drunk driving injury attorneys are committed to raising awareness and protecting victims and families. We understand the gravity of these cases and take strategic efforts to hold individuals and entities accountable in the event of injury or wrongful death.
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