Boston Drunk Driving Accident Lawyer Blog

Motor vehicle collisions are a leading cause of death among children in the United States. Unfortunately, in about 20 percent of cases, there is at least one legally intoxicated driver involved in the fatal accident that costs the child his life. A study in the June 2014 issue of Pediatrics called “Child Passenger Deaths Involving Alcohol-Impaired Drivers” shed some light on who these children are.

The data showed a surprising fact: many of the children killed by impaired drivers were actually passengers in the car of the person who was driving drunk. As Medical Daily reports, this is contrary to what many people believe about drunk driving crashes that kill children, as most tend to believe that kids are killed when a drunk hits the family car out of nowhere.
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When a driver causes a fatal collision while impaired, he may be charged with homicide or vehicular manslaughter. However, as a recent article in The Intelligencer indicated, not every death in a DUI crash leads to a homicide charge. This is because, in some cases, the victim who is killed in the collision may have been engaging in behaviors that led to the crash. Prosecutors generally have to prove that the intoxication was the cause of the accident in order for someone to be charged with homicide for driving drunk, and they may be unable to meet this burden of proof if the victim of the collision was partly to blame for the accident.

The rules for civil lawsuits, however, are different from the rules for criminal cases. In Massachusetts, as long as the drunk driver is at least 51 percent responsible for causing the collision, the victims or surviving family members can pursue legal action to obtain compensation. This means that a wrongful death or personal injury claim could be brought even in cases where the drunk driving is not criminally charged with causing the accident or the death. Victims injured by a drunk driver should consult with an experienced Boston drunk driving attorney for more information on how to pursue a damage claim.
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Many young people look up to athletes, especially football players who are in the NFL and others who play pro sports. Unfortunately, some of the biggest stars in the NFL may be bad role models as there is a “sustained” and “pervasive” drunk driving problem within the National Football League.

USA Today Sports recently wrote about this problem, highlighting the unusually high number of people who are affiliated with the NFL and who have been arrested for drunk driving or who have been involved in drunk driving collisions. Unfortunately, these famous people who are involved with pro sports and who get drunk are not only putting themselves and others at risk but could also be making young people believe it is OK to drive while intoxicated.
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In Massachusetts, drivers are required by law to purchase auto insurance protection. But when you truly need it, you may find that the insurance company will fight tooth-and-nail to avoid a payout.

If an insurance compensation claim is rejected or delayed without good cause, or if the consumer is bullied into a low-ball settlement, a court may find that the firm has acted in bad faith. That can result in penalties that are paid to the victim over and above what would otherwise be owed, regardless of policy limits.

Boston drunk driving injury lawyers know that if it’s possible to reach a fair settlement prior to trial, that’s often the preferable route. But if your insurer is playing hardball, know that we’re ready to fight back aggressively on your behalf.
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The family of a choir minister killed on his way home from church after being struck by a drunk driver recently suffered another blow when the $37 million dram shop verdict against the establishment that served alcohol to that driver was overturned – on a technicality.

Boston drunk driving injury lawyers know that while having a strong case is certainly important, how a legal team pursues it can be equally critical.

In Volcano Enterprises, Inc. v. Rush, the issue the Alabama Supreme Court addressed was the lack of notice service to the defendant prior to trial.
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In the event of a drunk-driving collision, investigators at the scene will likely arrest the suspect, unless he or she needs medical treatment. Depending on the severity of the accident and whether other passengers were injured, the alleged drunk driver will face DUI or more serious charges, including manslaughter or homicide.

In addition to criminal charges, defendants and other liable parties could also face civil penalties for negligence. In a recent case, a drunk driver has been found guilty of homicide after killing a motorcyclist in 2011.

A Worcester Superior Court judge sentenced the 37-year-old driver to 12 to 14 years in state prison. The facts of this case were particularly gruesome and tragic, as the driver failed to stop and dragged the body of the 23-year-old victim for nearly a quarter mile. Our Boston drunk driving injury attorneys are committed to providing strategic representation to individuals impacted by DUI injuries. In addition to representing the victims of drunk driving collisions, we are also committed to raising awareness to prevent future tragedies.
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Memorial Day means the start to the summer season and kicks off months of barbecues, parties, and visits with family and friends. The national holiday intended to commemorate those who fought for our freedoms also means time off and relaxation. This Memorial Day, whether you are going camping, throwing a backyard barbecue, or visiting loved ones, be wary of drunk drivers on the road and don’t forget to celebrate responsibly.

For Americans in Boston and throughout New England, Memorial Day will involve consuming alcoholic beverages. This upcoming holiday weekend, make sure you don’t drink and drive and remember the risk of drunk drivers when sharing road. Our Boston drunk driving accident attorneys have extensive experience representing individuals who have been impacted by drunk driving collisions. We understand the tragedies faced by victims and are dedicated to raising awareness to prevent future injuries and accidents. Here are some tips to stay safe this Memorial Day weekend:
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Drunk drivers pose an ongoing threat to motorists sharing the road. Even the most unsuspecting drivers may be the ones that are over the legal limit. In a recent case, an off-duty Massachusetts state-trooper was involved in an alleged drunk driving accident. His case made headlines after he refused to give the name of his critically injured passenger and did not cooperate with police after the collision. According to officers at the scene, the drunk off-duty officer refused to take a breath test.

At the scene of an accident, emergency responders must act quickly to help victims get medical treatment. In the event of an alcohol-related accident, getting a drunk driver to cooperate can be difficult. Our Boston drunk driving accident attorneys are dedicated to helping victims get the compensation they need and deserve after an injury or loss of a loved one. In addition to providing strategic counsel and support to victims, we are also abreast of local developments involving alcohol-related accidents.
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If you haven’t been through the experience, you likely know someone who has–trailing a driver you believe to be drunk. It is natural to be concerned about the safety of the driver, as well as pedestrians, cyclists and others sharing the road. For witnesses, this may result in phoning 911 to report a suspected drunk driver. But, do police officers have the right to pull a driver over based on an anonymous tip? This was the question before the Supreme Court this week and the justices returned a 5-4 decision declaring that the police can stop and search a driver based solely on an anonymous 911 tip.

While civil rights activists argue that the decision opens the door for abuse of power and infringements upon individual liberties, it does have the potential to stop future drinking and driving accidents. Our Boston drunk driving accident attorneys are committed to helping victims and families of drunk driving accidents pursue recovery after injury or wrongful death. In addition to advocating for our clients, we are also committed to raising awareness about trends and developments in local, state, and federal law that may impact our communities and the rights of motorists.
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Sadly, a number of drunk driving accidents also involve hit and runs because drivers do not want to face up to their misdeeds. A hit and run could result in additional complications, as a victim may not get necessary medical attention immediately after an accident, law enforcement officials are forced to conduct an additional investigation to identify the driver, and any driver convicted of DUI and hit and run will face additional criminal penalties. In a recent Massachusetts case, a 24-year-old woman struck an 83-year-old man as he was attempting to cross the street. The victim was killed and the young driver fled the scene.

This is another tragic accident involving negligence and the wrongful death of an innocent pedestrian. Our drunk driving accident attorneys in Boston are dedicated to pursuing justice on behalf of victims and their loved ones. We are also committed to raising awareness to prevent future accidents and injuries.
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