The initial response after being injured in a Massachusetts drunk driving accident is to point a finger at the drunk driver. However, determining responsibility and seeking compensation in a drunk driving injury case is complex, requiring an examination of all the parties that may have contributed to your injuries. The hours and time that go into this in-depth research may lead to an injury victim giving up on pursuing critical compensation that can provide for recovery treatments.
An injury victim may struggle to decide whether to focus on their health or fight the battle for compensation. We take your struggles personally and want to take on the legal challenges for you to allow you the time you need to focus on recovery, the most significant matter you will face. An experienced Massachusetts car accident lawyer at DiBella Law Offices, P.C. will walk you through the complexities of a drunk driving injury case in Massachusetts, providing exceptional communication while using the latest technology to deliver a tailored and seamless client service to you.
Compensation for Your Injuries Caused by a Drunk Driver
Massachusetts insurance laws ensure coverage for medical expenses and specific related expenses up to a certain amount through personal insurance protection (PIP) coverage. Regardless of who is responsible, an injured driver must always seek compensation through their plan first.
However, there are many damages or costs the injured party may incur that are not covered by PIP. When injuries exceed personal coverage and meet specific guidelines, an individual may file a lawsuit for excessive expenses, compensation for noneconomic damages like pain and suffering, and personal property damage.
Responsibility may lie with more than the driver in a drunk driving accident in Massachusetts. To ensure you are compensated fairly, a Massachusetts drunk driving accident attorney will thoroughly investigate where the alcohol came from, who served it, and what other factors may have contributed to the accident. A settlement may then be negotiated with the insurance company, or a case may be taken to court when attempts at negotiation fail.
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Dram Shop Law
Taverns and bars were once known as dram shops that sold alcohol in measurement units called drams. Today, the law applying to commercial businesses serving alcohol is known as the Dram Shop law and prevents these entities from selling or serving alcohol to someone who is intoxicated. Responsible parties under dram shop laws include:
- Bars
- Country clubs
- Fraternities and sororities
- Liquor stores
- Night clubs
- Restaurants, including bartenders and waitstaff
- Sporting Venues
One of the following entities may be found negligent and responsible for your damages. It will be the mission of a drunk driving accident attorney in Methuen, MA with knowledge of the laws governing alcohol to thoroughly review evidence such as available receipts, video footage, and venue witness testimony to determine if Massachusetts Dram Shop law applies.
Social Host Liability
A driver leaving a social event at someone’s home and causing injury can result in severe consequences for the person or parent of a child hosting the party. It is against the law to furnish alcohol to anyone under the age of 21. Parents whose underage child hosts a party and serves alcohol may face severe legal consequences.
Social host liability became a point of discussion in the mid-1980s in Massachusetts and touched on the idea that hosts who knowingly serve alcohol to someone intoxicated may face legal responsibility if injury or death is caused by the individual who drinks and drives. The actions of serving someone who is already intoxicated may play a role in who is found responsible for drunk driving accident injuries. Massachusetts drunk driving accident attorneys will comb through laws and Supreme Court decisions to determine if a social host is accountable for your injuries.
Social hosts may face civil and criminal charges. When your injuries are caused by a DUI accident, a personal injury attorney in Massachusetts will help you recover the damages you have suffered through civil action. DiBella Law Offices, P.C. will discuss why a hasty settlement from an insurance company can prevent you from receiving maximum compensation.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
Other Third Parties May Be Held Responsible for Your Injuries
There are less obvious third parties who may be found negligent and liable in an accident involving a drunk driver. Examining every angle of a DUI accident case in Massachusetts sets an experienced team apart. Thorough communication with clients and an extensive investigation may find the following parties hold some portion of liability in your case:
- City governments: Various city government departments have a responsibility to maintain safe streets, keeping them free of hazards that may impair a driver’s vision and their ability to safely maneuver on the road, and make drivers aware of areas that require caution, such as construction zones.
- Service Technicians: Improper service to a vehicle that leads to an accident may result in a technician being found partially liable for the damages, such as when a wheel comes off of a vehicle because the tires are not properly mounted.
- Employers: Hiring employees, particularly those who operate commercial vehicles, who have questionable safety records or a history of DUI charges, may be responsible for negligence due to unsafe hiring practices.
- Another driver: A drunk driver may cause an accident with one driver by avoiding the actions of another.
Even when you are the injured party in a drunk driving accident in Michigan, your actions may contribute to negligence. For example, a driver may have been texting while driving, preventing them from avoiding the dangerous actions of the drunk driver. As complex as these scenarios may become, a Massachusetts personal injury victim deserves dedicated representation who will work to uncover all the facts in a drunk driving case.
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Massachusetts Drunk Driving Accident Lawyer
DiBella Law Offices, P.C. strives to serve clients throughout Massachusetts who have been injured in a drunk driving accident. These cases present complex situations, but nearly two decades of experience in the Commonwealth of Massachusetts law allows us to provide personal service to each client. Contact us today for a free consultation.
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