Articles Posted in Drunk Driving in Massachusetts

A texting drunk driver who killed two 17-year-old high school students and seriously injured two others in New York in December 2012 is being sued for wrongful death, in lawsuits filed just shy of one year of his criminal conviction.

In the midst of serving a 5- to-15-year sentence in prison, the driver is now accused of negligence resulting in the death of the two teens. Also named in the lawsuit are the drivers’ mother, the restaurant that served him alcohol just prior to the crash and two employees of that restaurant. Liability on the part of the establishment falls under what’s known as a “dram shop law,” and the one in Massachusetts is quite strong.

Mass. Gen. Laws Ann. ch. 138, 69 holds that no alcoholic beverages should be sold to an intoxicated person by a licensed establishment. Further, any personal injury or negligence action arising out of this or illegal service of alcohol to a minor must be filed in the state’s superior court. Our Boston drunk driving injury lawyers are committed to ensuring all persons and entities responsible for serious injuries and deaths resulting from impaired driving are held accountable. We know how important it is for parents and other loved ones to pursue every available avenue of justice.
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A Methuen police officer has been arrested for the death of a Lowell man in an alcohol-related car crash, according to a recent article from CBS Local Boston. The police officer was charged with Operating Under the Influence (OUI) of intoxicating liquor or drugs, vehicular homicide involving alcohol, and open container of alcohol in a motor vehicle, and he was given a citation for a marked lanes violation and negligent operation.

As your Boston drunk driving accident lawyer knows, OUI is the name for a DUI charge in the Commonwealth of Massachusetts.

Witnesses say that the defendant was in an SUV traveling west on Riverside Drive in Lowell at just after midnight, when he crossed over the centerline and hit the victim’s car. The victim was trapped in the car, and firefighters had to use the Jaws of Life to get the victim out of the wrecked vehicle. The victim was then taken to the hospital, where he was pronounced dead.

The victim was out that night to pick up his sister from work. She was taken to the hospital after the crash and was reported to be in stable condition. The extent of her injuries has not been released.

The defendant is being held on $500,000 cash bail, due to the allegations in this case and the fact that he was arrested last year for drunk driving as well. In that case, he refused to take a breathalyzer and lost his driver’s license for six months.
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Our Boston drunk driving accident lawyers understand the devastating effects a drunk driving collision can have on victims.

Fox59 is reporting that an Indiana woman, 22-years-old, was charged with multiple felony counts involving an alcohol-related car accident that left 2 dead and others injured. A 50-year-old man was killed, along with a 28-year-old female passenger. A 49-year-old female victim suffered life-threatening injuries and was taken to a local hospital for treatment.

Court papers indicate that the defendant’s car allegedly swerved into oncoming traffic and hit another car. Witnesses say the impact was so great that the road surface was gouged.

After the accident, during interrogation, the defendant told police that she went out for a drive to clear her head after having a fight with her boyfriend. She admitted to authorities that she had four shots of alcohol and half a beer. At the time of her arrest, her blood alcohol concentration was .10 grams per 100 millimeters of blood. The legal limit in every state including the Commonwealth of Massachusetts is .08, so the defendant was allegedly over the legal limit.
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Our Boston drunk driving accident lawyers know that an alcohol-related crash can result in significant property damage in addition to personal injury.

According to a recent story from WBZ, an alleged drunk driver lost control of his car and crashed into several parked cars and a home in Saugus, Massachusetts. There were three occupants in the house who were amazingly not seriously injured.

Witnesses reported the suspect’s vehicle and a pickup truck belonging to the homeowners slammed into the side of the home. The pickup truck was parked in the driveway when the crash pushed it though the wall into the dining room – where they had been sitting just minutes before the crash.
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According to a recent article in TMZ, the mother of professional wrestler/actor Dwyane Johnson (“The Rock”) was hit head-on by a driver alleged to be drunk.

Witnesses told police Rock’s mother and another family member were driving home from a fundraiser in her 2012 Escalade when another driver slammed into their vehicle. Her sport utility vehicle was totaled. She was taken to a local hospital, along with the other occupant in the car. Family members are saying that she was kept in the hospital for three days until she was medically-cleared for release.

Boston drunk driving accident lawyersknow, alcohol-related crashes often present different issues than traditional car accident cases. One of the major differences is that an alleged drunk driver will also likely be charged with one or more crimes, including Operating Under the Influence (OUI), as the charge is called in Massachusetts.
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Our Boston drunk driving accident lawyers know many victims will need to find a way to recover their losses even if the at-fault driver was uninsured. One of the ways you may be able to accomplish this is through Uninsured Motorist Coverage.

According to a recent story in the Daily News, an alleged drunk driver hit two cars, causing a fatal traffic accident. One of the victims was a 16-year-old boy who was behind the wheel of one of the cars that the defendant hit. The boy died from a result of the injuries he sustained in this alcohol-related car crash.
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According to a recent article from the Boston Globe, a Worcester man was arrested for his 11th drunk driving offense. As your Boston drunk driving accident lawyer can explain, the charge is officially known as Operating Under the Influence (OUI) in the Commonwealth of Massachusetts.

Police spotted the man who was allegedly driving well under the posted speed limit with his headlights off around 2:00 a.m. Authorities stated that they attempted to give the man a breath alcohol test (breathalyzer) but he was unable to provide a sufficient sample.

The man is alleged to have a history of OUI arrests in Massachusetts from the 1970s, five drunk driving arrests in Florida from the 1980s, and three more from Texas in the 1990s. The man had a valid license at the time of his latest arrest. Police seemed astonished that this man was issued a valid license to drive, given his history of alcohol-related driving offenses.

The reason for the Massachusetts RMV issuing the license was due to the length of time that had passed since his previous arrest and the fact that he was issued the license prior to the Massachusetts Life-Time Look Back law. Prior to this law, the RMV would look back a certain number of years to see if you had an OUI on your record, and, if the conviction was old enough to be beyond the look back period, then it would not be held against you when applying for a license. This is no longer the case in Massachusetts; now, they will look all the way back to when you were first issued a license in any state to see if you have any OUI convictions.
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Our Boston drunk driving injury attorneys know some bar owners are more responsible than others in preventing alcohol-related car crashes.

According to a recent story in the Post Crescent, a local bar owner wants credit for a reduction in alcohol-related car crashes in one Wisconsin County. The county has experienced a recent reduction in the number of drunk driving accidents and has offered several possible explanations for this downward trend.

Officials have credited increased law enforcement of drunk driving, driver education programs, stiffer sentences and fines, as well as various other reasons. A local bar owner, however, is suggesting that the recent trend is related to bar operators and employees doing their part to keep drunk drivers off the road.

The man claiming credit is the head of a local league of tavern owners. He contends that, since he and his members started their safe ride program three years ago, they have provided around 3,000 taxi rides at no charge to drunk patrons who needed help getting home. He said that nearly 50 bars and taverns support the program and contribute to it financially. He says that the last thing any tavern owner wants is for a person to leave a tavern drunk, get behind the wheel of a car, and cause an accident.
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Our Boston drunk driving accident lawyers know that, while technology may help to reduce alcohol-related accidents, it will never keep us entirely safe on the roads.

By now, most people in Boston are aware of the company Uber. It started with a smartphone app that allowed you to get a black car to take you anywhere you wanted to go for slightly more than taking a taxi and without having to have any cash on you. Then they offered traditional taxi service and their Uber X service, where people are getting paid to drive you around in their personal vehicles. There is also their competitor, Lyft, which features cars with a large pink mustache on the front bumper.

According to a recent article in the Washington Post, Uber is sharing data it says indicates a reduction in drunk driving. The company has released slightly censored graphs that show the highest usage for the service is around closing time at establishments that serve alcohol. The theory is that these customers are intoxicated bar patrons who would otherwise be getting behind the wheel of a car, where they could cause deadly alcohol-related car accidents.
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Our Boston drunk driving lawyers know special consideration must be given to cases in which the defendant was also charged with a crime related to the collision.

According to a recent article from Channel3000.com, a four-car crash resulted in two people being taken to the hospital with what authorities are describing as non life-threatening injuries. Police indicated that the crash was alcohol-related and the driver has been placed under arrest for operating a vehicle while intoxicated and causing an accident. According to witnesses, firefighters had to remove one of the victims, who was trapped in a vehicle.

A criminal prosecution against the alleged drunk driver may affect the results in any civil action or settlement. If the negligent conduct was also criminal and the driver takes a guilty plea to the charges, or is found guilty by a judge or jury, it may be much more difficult for the defendant to deny liability in your case. It may also make the defendant’s insurance company more likely to make a reasonable settlement offer early on in the process.
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