Articles Posted in Drunk Driving in Massachusetts

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.

Even 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.

This 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

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.

However, 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

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.

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

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.

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

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.

Actual 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

Drunk driving is a dangerous crime that has caused hundreds of thousands of serious injuries and deaths over the last several decades. It is a somewhat unique offense in that it is sometimes committed by those who view themselves as average, law-abiding citizens who made a temporary lapse in judgment. For a long time, our legislature and courts held the same view, as reflected in light penalties for convictions.

But times are changing. Laws are becoming more stringent. Drunk driving accident victims often have many options when it comes to pursuing justice and compensation for the harm inflicted by impaired motorists.

While we know that drunk driving is illegal and dangerous, lets look at what it means to cause a drunk driving accident. In our legal system, the four elements of negligence are duty, breach, causation and damages.  Duty refers to the duty of care to act as a reasonable and prudent person so as to prevent a foreseeable injury to foreseeable persons and property.  A breach of this duty is failing to act in this reasonable and prudent manner, and that breach must cause damages to the plaintiff. Continue reading

Drunk drivers who end lives need to be held to account. That of course includes criminal charges, which police and prosecutors take very seriously. However, it also includes the right of victim/ survivors of the victim to pursue a claim for damages in civil court.

Although the standard of proof differs in criminal cases versus civil cases, there may still be evidentiary issues with which to contend. Although one does not necessarily need to be intoxicated to be negligent, proving intoxication of a defendant in a crash can establish negligence per se, which means a person is negligent by virtue of violating the law. However, this doctrine can only be applied in narrow circumstances (i.e., plaintiff can show she was in a class of people the legislature intended to protect when the law was written).

Drunk driving can, however, be used to establish comparative negligence. That is, defendant may be assigned a greater portion of responsibility for a crash owing to their impairment.

Because proving impairment of defendant is key to these civil cases, it’s important your drunk driving injury lawyer gather all relevant facts for use as evidence.

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