Boston Drunk Driving Accident Lawyer Blog
A drunk driving crash can change your life in seconds. You may be facing emergency medical care, time out of work, painful recovery, and the stress of wondering how you will pay for it all. Many people also learn a hard truth quickly: the drunk driver’s insurance coverage is often not enough to fully compensate a seriously injured person. When that happens, it is essential to look at every legally responsible party, including the bar, restaurant, or venue that may have continued serving alcohol even after it should have stopped.
In Massachusetts, this legal concept is often called dram shop liability or liquor liability. It can allow an injured person to pursue compensation from an establishment that negligently served alcohol to someone who was already intoxicated, and that person later caused a crash.
Jeffrey Glassman Injury Lawyers represents drunk driving victims in Boston and across Massachusetts, and we investigate dram shop claims when the facts support them.
What Is Dram Shop Liability in Massachusetts?
Dram shop liability is a type of negligence claim against a business that serves alcohol, such as a bar, restaurant, nightclub, or event venue. The basic idea is straightforward: alcohol service comes with responsibilities, and a business can be held accountable when it violates those responsibilities and someone gets hurt.
Massachusetts does not rely on a single civil “dram shop act” that automatically creates liability. Instead, dram shop cases are usually built as negligence claims, often supported by Massachusetts laws that prohibit serving alcohol to certain people.
Two key Massachusetts statutes often come up in dram shop investigations:
- Massachusetts General Laws Chapter 138, Section 69, states that no alcoholic beverage shall be sold or delivered on licensed premises to an intoxicated person.
- Massachusetts General Laws Chapter 138, Section 34, prohibits furnishing alcohol to people under 21 and includes criminal penalties.
Courts have recognized that serving alcohol to an intoxicated patron can be considered a foreseeable cause of harm to others, including damage caused by drunk driving.
When Can a Bar or Restaurant Be Held Liable After a Drunk Driving Crash?
Every case is fact-specific, but dram shop claims often focus on a few core questions.
Did the establishment serve alcohol to someone who was already intoxicated?
The key issue is usually whether intoxication was apparent or should have been apparent at the time of service. Evidence often centers on visible signs, for example:
- Slurred speech
- Stumbling, swaying, or difficulty standing
- Bloodshot or glassy eyes
- Loud, aggressive, or unusually impaired behavior
- Dropping items, spilling drinks, or falling asleep
- Noticeable coordination problems
Did the service contribute to the intoxication that led to the crash?
It is not enough that a driver had a drink at a bar earlier in the night. A successful dram shop case typically connects the negligent service to the driver’s impairment and then to the collision.
Courts have discussed the concept that a bartender’s sale to an intoxicated person may be found to be a proximate cause of injuries to third parties harmed by the patron’s driving.
Did the crash cause compensable harm?
This includes injuries, medical bills, lost income, future treatment needs, pain and suffering, and, in tragic cases, wrongful death damages under Massachusetts law.
Real-World Examples of Dram Shop Scenarios
These examples show how dram shop liability can arise, and why evidence matters.
- Overservice despite obvious impairment. A customer is visibly intoxicated, staff continue serving multiple drinks, the customer stumbles out, gets into a car, and causes a serious crash minutes later. If witnesses and records support that intoxication was evident before the last drinks were served, the establishment may be a target for a claim.
- Rapid service and clear red flags. A group arrives, a server delivers multiple strong drinks in a short time, the customer becomes loud and unsteady, and the staff ignores concerns raised by another patron. A crash occurs shortly after leaving. The timeline, receipts, and witness accounts can be critical.
- Underage service. A venue fails to verify ID and serves a person under 21, who later causes a drunk driving crash. Massachusetts law prohibits furnishing alcohol to people under 21. A civil case may still require proof of negligence and causation, but unlawful underage service is a serious factor.
What Evidence Helps Prove Dram Shop Liability?
Dram shop cases are investigation-heavy. The truth is, establishments rarely admit overservice, and evidence can disappear quickly. Helpful evidence may include:
- Surveillance video from inside the business, entrances, or nearby cameras
- Receipts, tabs, and point-of-sale data showing what was served and when
- Witness statements from patrons, staff, rideshare drivers, or bouncers
- Police reports and witness observations at the crash scene
- BAC results and toxicology evidence, when available
- Timeline evidence, including phone location data, rideshare records, and credit card timestamps
If you suspect the driver was drinking at a specific establishment, tell your lawyer as soon as possible. Video and digital records may be overwritten in days or weeks, and early preservation steps can make a significant difference.
What To Do After a Drunk Driving Crash in Boston
If you were injured, these steps can protect both your health and your legal rights:
- Get medical attention immediately, and follow through with treatment
- Call the police and make sure a report is completed
- Take photos of vehicles, the scene, injuries, and any visible evidence
- Get contact information for witnesses
- Write down what you remember while it is fresh, including what the driver said or did
- Avoid discussing the case on social media
- Speak with a Boston drunk driving accident lawyer before giving recorded statements to insurance companies
When Should You Hire a Lawyer for a Dram Shop Case?
You should strongly consider speaking with an attorney if:
- Your injuries are severe, or you expect long-term treatment
- The drunk driver has limited insurance coverage
- You know or suspect the driver was served at a bar, restaurant, or event before the crash
- There are multiple potential defendants, like a bar, a rideshare situation, or an employer event
- A loved one was killed, and your family may have a wrongful death claim
- Dram shop claims can be complex, but they can also be the key to full financial recovery when the driver alone cannot cover the losses.
How Jeffrey Glassman Injury Lawyers Can Help
A dram shop case is not just paperwork; it is a fast, strategic investigation with real stakes. An experienced attorney can help by:
- Identifying where the driver was served and building a defensible timeline
- Preserving evidence through letters and legal requests, and pursuing subpoenas when needed
- Interviewing witnesses and locating staff or patrons who saw signs of intoxication
- Reviewing receipts and service records, and working with experts when appropriate
- Handling insurance companies and pushing back against blame-shifting
- Calculating damages, including future medical needs and lost earning capacity
- Preparing the case for trial if the insurer refuses a fair settlement
- Your focus should be on healing. A lawyer’s role is to protect your rights, pursue every responsible party, and fight for the compensation you need to move forward.
Talk With a Boston Drunk Driving Accident Lawyer About Dram Shop Liability
If a drunk driver in Boston injured you or anywhere in Massachusetts, you may have more options than you realize. Dram shop liability can provide a path to compensation when a bar or restaurant kept serving alcohol to someone who was already intoxicated, and that decision contributed to the crash.
Contact Jeffrey Glassman Injury Lawyers today for a free consultation. We can listen to what happened, explain your options clearly, and help you take the following steps toward recovery.