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The football season is a high-risk time on the roads because motorists tend to get drunk while watching games. Binge drinking and impaired driving are common pastimes for many football fans, despite the dangers these behaviors present when a motorist gets behind the wheel. football-1199159

With playoff time and the Super Bowl fast approaching, the risks of drunk driving will continue to rise on big game days. The dangers associated with drunk driving, however, are largely preventable: motorists should avoid drinking during games or should make sure they have a designated driver lined up before they actually start consuming alcoholic beverages. Unfortunately, too many drivers fail to follow these simple precautions and instead they cause accidents that injure themselves or others on the roads.

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Over the holiday season, there is a significantly increased risk motorists will become involved in a car crash. This increased danger comes not only from the fact there are more people traveling and going hundreds of miles from home, but also because there are many more motorists who end up drunk behind the wheel.

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Drivers need to know the holiday season is a high-risk time for DUI. Making a commitment to stay sober yourself ensures you do not become a part of the problem and helps you to avoid injuring yourself or others.

Unfortunately, motorists may be unable to do anything to protect themselves if someone else on the road is drunk and makes a dangerous choice leading to a crash. While it can be hard to keep yourself safe if an impaired driver is around, however, there are a few things you can do to try to avoid a holiday DUI accident.

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Mother Against Drunk Driving (MADD) has been doing what they do to fight against the epidemic of drunk driving accidents, including fatal accidents in the United States, for decades. This is actually the 35th year MADD’s anti-drunk driving campaign has been in existence, and, while the organization has done a lot of great work and had a tremendous positive impact, there is still a lot of work to be done. For example, according to MADD’s general statistical data, more than 10,000 people were killed in drunk driving accidents, and nearly 300,000 more were injured in drunk driving accidents in 2013 alone.

rosesThese are numbers that seem like they should be impossible but unfortunately are very much a reality. In terms of the economic impact, drunk driving incidents cost the American public over $130 billion each year in damages. To help get the message out, MADD has declared that a National Day of Remembrance shall be observed on the third day of December each year.   The organization wants it do be known that a place setting at the table may be empty following a drunk driving accident, but the victim will always be in the hearts of his or her friends and family members, and this is a day to remember that. Continue reading

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In the Commonwealth of Massachusetts, the legal limit a driver’s blood alcohol content (BAC) when getting behind the wheel of motor vehicle is 0.08 grams of alcohol per hundred milliliters of blood. This is the legal limit across the United States due to the lobbying efforts of Mothers Against Drunk Driving (MADD) and others in support of cutting down on drunk driving fatalities in the nation.

beersTechnically, the United States federal government does not have authority to create a mandatory blood alcohol limit in each of the several states because of the 10th Amendment states rights provision. However, Congress does have a enumerated plenary power to tax and spend for the general welfare of the American people. It is the spending clause that allows for a national drinking age and a national blood alcohol limit. Congress can give highway-funding grants to the states as its members see fit. If they wish to tie receipt of federal highway funding grants to the state’s choice to institute a specific law, they have the right to do so without violating the 10th Amendment. This is how Congress was able to a pass a national BAC limit in an attempt to curb drunk driving accidents, including drunk driving fatal accidents, in the United States. Continue reading

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A drunk driving car accident that results in a serious personal injury or a fatality is at its essence a civil personal injury lawsuit filed under a theory of negligence or wrongful death under negligence. The first element in any negligence case in the Commonwealth of Massachusetts is that the defendant owed a duty of care to the plaintiff. This means that defendant was obligated to act as a reasonable and prudent person to prevent foreseeable harm to foreseeable persons and property.

jail-979240-mGenerally speaking in our legal system, a person does not owe a duty of due care toward others unless he or she has a legal obligation, contractual obligation, or a fact-based obligation. Everyone who gets a driver’s license at the RMV in Massachusetts, or at the counterpart agency in their own states, most typically called a DMV, signs a document (usually electrically) in which they agree to abide by all traffic regulations and drive in a reasonable and prudent manner. This means everyone who has a drivers’ license has a generally duty of care toward all other drivers and pedestrians on the road. Continue reading

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christmas-tree-1443710Throwing a holiday party at your home or for your office is a great way to celebrate the season and to show friends, family, and co-workers how important they are to you. If you have a party, however, you take on some liability risks. In Massachusetts, social host laws impose responsibility on those throwing parties. Social host laws mean if you host an event and serve alcohol, you could find yourself faced with a civil lawsuit against you based on the actions of your guests.

Victims who are hurt by impaired drivers benefit greatly from social host laws, because these laws give them another potential defendant who they can pursue a claim for compensation against.

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According to a recent news article from the Boston Herald, a nurse from Beverly, Massachusetts is accused of drunk driving while being involved in a car crash in which she allegedly crashed into a Massachusetts State Police Trooper following a Patriots game.

3390551991_e41e4b3145Troopers say the 29-year-old nurse was leaving Gillette Stadium in Foxboro, Massachusetts just after midnight, when she allegedly hit a state trooper on Route 1. The trooper was directing traffic following the game at the time she was hit. When authorities approached her to investigate, they claim they could immediately detect a strong odor of alcohol, she had slurred speech, and she was unsteady on her feet. Continue reading

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Most drunk driving accidents involve a driver who is too intoxicated to safety drive a car. While this is certainly not excusable conduct, and could be basis for a drunk driving accident lawsuit, the drunk driver is not normally purposely trying to hurt another driver or pedestrian.

1316049_untitledHowever, there are some cases where the drunk driver is alleged to have acted with actual malice or intent when he or she is behind the wheel. According to a recent news article from ABC News 5, an alleged drunk driver has been arrested for attempted murder. Authorities say the woman allegedly rammed her minivan into a house over and over again while she was drunk. Eventually, the wall gave way and collapsed on a mother and her two minor children, who were inside the home at the time of this allegedly intentional drunk driving car crash. Continue reading

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Thanksgiving is a favorite holiday for many Americans. There is no need to worry about gifts yet, and it is based on a meal at which everyone can abandon their diets and eat their favorite foods. While some get stuck with the cooking, others will be relaxing and watching football and drinking alcohol. While there is no doubt this can make for a great day, it often leads to many tired and drunk individuals hitting the roads and traveling home at the end of the night. It should come as a surprise to nobody that drunk driving accidents are more common around the holiday period each year, but many may not realize that Thanksgiving tends to kick off the period of increased drunk driving incidents.

file000240171319However, according to a recent report from the trade publication PYMNTS, it is not Thanksgiving Day that starts the drinking holiday but the Wednesday before, which people in the alcohol beverage industry are calling “Blackout Wednesday.” It is on Blackout Wednesday that college students are home and headed out to the bars, and those of all ages in the holiday spirit contribute to make the day amount the highest sales days of the year at bars and liquor stores across the country. Continue reading

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According to a recent news article from Fox News, a nun was just arrested for drunk driving, and the arrest was recorded on video, including when she took the field sobriety test wearing a religious habit.

DUI checkpointAuthorities in New Jersey have said that the alleged drunk driver was in fact a nun from Philadelphia. They said she was pulling into the parking lot of an auto parts store in reverse and crashed into the store’s front door. Luckily, the store was closed at the time, so no customers or employees were injured. Continue reading

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