Boston Drunk Driving Accident Lawyer Blog
The Human and Legal Cost of Impaired Driving
Every year in the Commonwealth, crashes caused by drivers under the influence shatter lives and place an enormous financial and emotional burden on victims and their families. Massachusetts law recognizes that innocent people injured by drunk driving deserve not only compassion but robust legal remedies that make them whole and deter future misconduct. This article explains those remedies from the vantage point of a Boston personal injury practice dedicated to protecting victims’ rights. Our Boston drunk driving team at Jeffrey Glassman Injury Lawyers has recovered compensation for crash survivors across the Commonwealth. We provide the following overview as a public service resource, not as individualized legal advice.
Massachusetts Drunk-Driving Statutes: A Foundation for Your Civil Claim
Operating a motor vehicle “while under the influence” of alcohol or drugs is a crime under M.G.L. c. 90 § 24, which sets out the familiar OUI (Operating Under the Influence) charge. The statute creates criminal penalties for offenders and authorizes assessments that go to a victims’ assistance fund.
When the impaired driving causes “serious bodily injury,” the offense escalates under M.G.L. c. 90 § 24L, carrying mandatory prison terms and significant fines.
Although these provisions are criminal, the factual findings and evidence developed by police and prosecutors supply powerful proof for the civil lawsuit you may bring to recover damages.
Pursuing a Civil Lawsuit Against the Impaired Driver
Massachusetts follows traditional tort principles: an at-fault driver is liable for your medical bills, lost wages, diminished earning capacity, and pain and suffering. Where the at-fault driver carried auto liability insurance, as most are required to, the insurer will defend and pay any judgment or settlement up to the policy limits. If medical costs exceed the driver’s coverage, you can turn to your underinsured-motorist protection (UIM), potentially providing additional coverage above the tortfeasor’s policy.
Because Massachusetts is a “no-fault” state for the first $8,000 in Personal Injury Protection (PIP) benefits, you will initially collect medical expenses and a portion of lost wages from the PIP carrier, usually your insurer, before shifting uncompensated losses to the negligent driver and any other responsible parties. The statutory threshold for filing a bodily-injury suit (more than $2,000 in reasonable medical expenses, severe disfigurement, or a fracture) is rarely an obstacle in drunk-driving collisions.
Dram-Shop and Social-Host Liability: Looking Beyond the Driver
Massachusetts does not have a modern dram-shop statute. Still, the Supreme Judicial Court has long recognized a common-law negligence claim against bars, restaurants, and liquor stores that continue to serve a patron they knew or reasonably should have known was intoxicated. The duty also flows from M.G.L. c. 138 § 69, which makes it a crime to sell or deliver alcohol to a drunk person.
Serving minors is an independent violation under M.G.L. c. 138 § 34 and supports civil liability.
Homeowners and party hosts can face similar exposure if they supply alcohol to a visibly intoxicated guest or a guest under twenty-one. That individual later injures someone on the roadway. In situations where the drunk driver carried minimum insurance, these additional defendants often provide the only deep pockets capable of fully compensating for catastrophic injuries.
Restitution and Your Role in the Criminal Case
While the Commonwealth prosecutes the offender, you have specific rights under the Massachusetts Victim Bill of Rights, M.G.L. c. 258B. Those rights include notice of all proceedings, the opportunity to confer with the prosecutor, and the right to address the court at sentencing.
Judges may order the defendant to pay restitution for out-of-pocket losses such as medical expenses, property damage, and counseling costs. Even when restitution is ordered, you remain free to pursue the broader civil damages that criminal courts cannot award, such as future medical care, long-term wage loss, pain and suffering, and loss of life.
Wrongful-Death Actions and Punitive Damages
When a drunk-driving crash ends a life, the personal representative of the estate may file a wrongful-death claim under M.G.L. c. 229 § 2. Recoverable elements include the decedent’s conscious pain and suffering, the family’s loss of reasonably expected net income, and consortium-type benefits such as guidance and companionship. Where the conduct was “wanton or reckless,” the jury must also award punitive damages of not less than $5,000.
Because Massachusetts prohibits punitive damages in ordinary personal injury suits, a wrongful-death claim is the only path to this additional, punishment-oriented remedy.
Navigating Insurance, Liens, and Set-Asides
Severe injuries often trigger multiple insurance layers: the tortfeasor’s liability limits, dram-shop or homeowner policies, excess/umbrella policies, and your UM/UIM coverage. Settlements must also account for hospital liens, health-insurance reimbursement under M.G.L. c. 111 § 70A, and potential Medicare or Medicaid subrogation. Effective counsel coordinates these moving parts to maximize your in-hand recovery while complying with federal and state reimbursement rules.
Massachusetts Victim Compensation Program
Even before a civil case resolves, you may be eligible for up to $25,000 (or up to $50,000 for catastrophic injuries) in expenses through the state Victim Compensation and Assistance Board, administered under M.G.L. c. 258C.
Covered costs include medical and dental bills, counseling, funeral expenses, crime-scene cleanup, and up to $15,000 in lost earnings. The program is the payer of last resort, meaning it supplements but does not duplicate insurance or restitution. Applications must generally be filed within three years of the crime, though extensions are available for good cause.
The Massachusetts Victim Bill of Rights: Having a Voice
Beyond financial issues, Chapter 258B guarantees that victims of violent crimes, including OUI crashes causing injury, receive timely case updates, protection from intimidation, and the right to be heard at bail, plea, and sentencing hearings.
Victim-witness advocates in each District Attorney’s office can explain these rights, arrange court accompaniment, and help complete victim-impact statements that powerfully convey the harm you have endured.
Immediate Steps to Protect Your Civil Claim
Seek medical attention even if injuries seem minor; hidden trauma and concussions frequently appear hours later. Preserve evidence: photographs of the scene, your vehicle, visible injuries, and any receipts or social-media posts suggesting the driver’s recent alcohol consumption. Obtain the police report as soon as it is available and keep all treatment records and bills in one place. Speak with an attorney before considering early settlement calls from insurance adjusters and before providing a recorded statement. These actions protect the integrity of your future lawsuit and prevent insurers from undervaluing your losses.
E-E-A-T – Experience, Expertise, Authoritativeness, and Trustworthiness – represents the standards clients should expect from their personal injury representation.
At Jeffrey Glassman Injury Lawyers, every drunk-driving case receives the attention of attorneys who focus exclusively on personal injury law. Our firm maintains continuing-legal-education credits in motor-vehicle and liquor-liability litigation, collaborates with accident-reconstruction experts, and leverages decades of combined trial experience to build authoritative, evidence-driven claims. We have recovered millions for crash victims statewide, and our Boston headquarters keeps us minutes from Suffolk, Middlesex, Norfolk, and Essex courts. From day one, we provide transparent case assessments, clear explanations of your rights, and the compassionate client service you deserve following a traumatic event.
Call for a Free Consultation
If you or someone you love was injured by an impaired driver anywhere in Massachusetts, you have powerful rights, but strict deadlines, to seek justice. Let our team shoulder the legal burden while you focus on healing. Contact Jeffrey Glassman Injury Lawyers 24/7 at (617) 777-7777 or use our secure online form to schedule a free, confidential consultation today. There is no fee unless we win your case.