If a drunk driver injured you or a loved one, you may be able to recover compensation for medical bills, lost wages, and pain and suffering. Peck Trial Attorneys helps accident victims throughout Boston pursue damages. We handle many aspects of your drunk driving accident claim, including investigating what happened, negotiating with insurance companies, and taking your case to trial if necessary. Our team works to hold drunk drivers and, where applicable, the establishments that served them accountable. Contact us today for a free consultation. You pay nothing unless we recover compensation for you.
Why Choose Peck Trial Attorneys for Your Drunk Driving Accident Case
When you hire Peck Trial Attorneys, you work with attorneys who understand the impact of drunk driving accidents. We have represented many victims like you and know how to build a strong case. Our attorneys investigate thoroughly, gather evidence, and work to recover compensation based on the facts of your case.
We handle the legal process so you can focus on healing. We communicate with insurance companies, manage paperwork, and prepare your case for trial if needed. Many victims feel overwhelmed after an accident, but you do not have to face this alone. Peck Trial Attorneys works with you throughout your case. We work on a contingency basis, so you pay no upfront fees and no attorney fees unless we recover compensation for you.
How Common Are Drunk Driving Accidents in Boston?
Drunk driving remains a serious problem in Massachusetts and across the country. According to the National Highway Traffic Safety Administration, alcohol-impaired driving crashes kill someone approximately every 45 minutes in the United States (2024 data). In Massachusetts, alcohol-impaired driving causes an average of about 121 fatalities per year. These accidents result in injuries and deaths that affect families and communities.
The problem persists despite strict laws and public awareness campaigns. Many drivers still get behind the wheel after drinking, putting others at risk. If you were injured by a drunk driver, you are not alone. Thousands of people suffer these injuries every year, and victims of car accidents deserve compensation for their losses.
Impact on Victims and Families
Drunk driving accidents can cause severe injuries and emotional trauma. Victims may face months or years of medical treatment, and recovery often takes time. Some suffer permanent disabilities that change their lives. Families may struggle with medical bills, lost income, and the emotional burden of caring for an injured loved one.
Beyond physical injuries, victims often experience anxiety, depression, and post-traumatic stress. The financial impact can be significant, especially when injuries prevent someone from working. Holding drunk drivers accountable can help victims pursue compensation and reinforce the seriousness of impaired driving. If you've suffered injuries from a vehicle accident, our team can help.
Understanding Liability in Drunk Driving Accident Cases
In a drunk driving accident, the intoxicated driver is typically responsible for the crash. However, liability may extend beyond the driver. If a bar or restaurant served alcohol to someone who was already visibly intoxicated, that establishment may share responsibility under Massachusetts law. This is commonly referred to as dram shop liability and may allow victims to pursue damages from the business that served the alcohol.
Other parties might also bear responsibility. For example, a vehicle manufacturer may be liable for a defective part, or a government entity may share fault if poor road conditions contributed to the accident. Your Boston personal injury attorney can investigate potential sources of liability to identify all available avenues for recovery.
Dram Shop Laws in Massachusetts
Massachusetts recognizes dram shop liability under state law. Bars, restaurants, and other alcohol vendors can be held responsible if they serve alcohol to someone who is visibly intoxicated or under the legal drinking age, and that person later causes an accident that injures someone else.
To pursue a dram shop claim, you generally must show that the establishment served alcohol to the driver, the driver was visibly intoxicated at the time of service, and the intoxication contributed to the accident and your injuries. These cases often require strong evidence, including witness testimony and records from the establishment. Under Massachusetts General Laws Chapter 231, Section 2L, plaintiffs must submit an affidavit within 90 days of filing the complaint. This affidavit must set forth sufficient facts to raise a "legitimate question of liability."
If you fail to file this within the 90-day window, your case against the bar or restaurant can be summarily dismissed. This small window of time is another reason it is recommended that you reach out to an experienced attorney for help after an accident with a drunk driver. Your initial consultation with Peck Trial Attorneys is complimentary. Don't delay calling our team to schedule yours.
Types of Compensation Available to Drunk Driving Accident Victims
Economic Damages
Economic damages cover financial losses related to the accident. These may include medical expenses such as emergency care, hospital stays, surgeries, medications, and ongoing treatment.
You may also recover lost wages if your injuries prevent you from working, including potential future lost income. Expenses for household help or childcare during recovery may also be considered. These damages are typically supported by bills, receipts, and financial records. Our team has helped clients recover compensation for accident injuries in numerous cases.
Non-Economic Damages
Non-economic damages compensate for pain, suffering, and the impact on your quality of life. These damages do not have a fixed dollar value but are an important part of many claims.
They may include compensation for physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and scarring or disfigurement. An attorney can help present these damages as part of your claim. Many of our client reviews highlight how we've helped them recover for these non-economic losses.
Punitive Damages (When Applicable)
In Massachusetts, punitive damages are generally not available in standard personal injury cases. However, they may be awarded in limited circumstances, such as certain wrongful death claims involving particularly egregious conduct.
An attorney can evaluate whether any exceptions may apply based on the facts of your case.
What to Do After a Drunk Driving Accident
Immediate Steps at the Scene
If you are able to do so safely, move away from traffic and call 911. Report the accident and request police and medical assistance. If you are injured, do not refuse medical treatment, as some injuries are not immediately apparent.
While waiting for help, try to note details about the other driver and the accident. Gather information such as the vehicle description and license plate number. If there are witnesses, ask for their contact information. Take photos of the scene, vehicle damage, and any visible injuries if it is safe to do so. Avoid admitting fault or making statements that could be used against you later.
Medical Attention and Documentation
Seek medical attention promptly, even if your injuries seem minor. A medical professional can identify injuries and document your condition.
Keep records of all treatment, including bills, test results, prescriptions, and provider notes. Photographs of injuries and documentation of therapy or counseling can also support your claim.
Reporting and Evidence Collection
Report the accident to the police if they did not respond at the scene and obtain a copy of the report. This document may include important observations and witness statements.
Gather additional evidence when possible, such as nearby surveillance or traffic camera footage. Contact Peck Trial Attorneys as soon as possible so steps can be taken to request and preserve relevant evidence before it is lost or overwritten. The role of witnesses in car accident cases cannot be overstated.
How Peck Trial Attorneys Handles Your Drunk Driving Accident Claim
When you hire Peck Trial Attorneys, we begin by investigating your accident. We obtain police reports, medical records, and available video footage, and we interview witnesses. If dram shop liability may apply, we also investigate the establishment involved.
We then evaluate your case based on your injuries, expenses, lost income, and overall impact on your life. We present a demand to the insurance company and attempt to negotiate a resolution. Some cases settle at this stage, while others may proceed to trial if necessary.
Throughout the process, we keep you informed, answer your questions, and handle communication with insurers and other parties. Our goal is to pursue the maximum compensation available under the law while you focus on recovery.
Frequently Asked Questions About Drunk Driving Accidents
How long do I have to file a lawsuit after a drunk driving accident?
In Massachusetts, you generally have three years from the date of the accident to file a lawsuit. However, it is best to act sooner, as evidence can be lost and memories can fade. This statute of limitations is established under Massachusetts General Laws Chapter 260, Section 2A.
Can I recover damages if I'm partially at fault?
Massachusetts follows a modified comparative negligence rule. You can recover damages if you are less than 51% at fault, but your recovery will be reduced by your percentage of fault.
What is my case worth?
The value of your case depends on factors such as the severity of your injuries, medical costs, lost income, and how your life has been affected. An attorney can review these factors and provide an estimate based on similar cases and available evidence.
Do I need to go to court?
Many cases resolve through settlement, but some proceed to trial if a fair agreement cannot be reached. In those situations, a judge or jury will decide the outcome.
How much does it cost to hire Peck Trial Attorneys?
We work on a contingency basis. You pay no upfront fees, and no attorney fees unless we recover compensation for you. Fees are typically paid from any settlement or verdict.
What evidence do I need to prove the driver was intoxicated?
Evidence may include police reports, breathalyzer or blood test results, field sobriety tests, witness statements, and any related criminal charges. Additional expert analysis may be used in some cases.
Can I sue the bar or restaurant that served the drunk driver?
Possibly. If the establishment served alcohol to someone who was visibly intoxicated and that person caused the accident, you may have a dram shop claim. These cases require specific evidence to establish liability. Massachusetts law provides a pathway for victims to hold establishments accountable under dram shop statutes.
How long does a drunk driving accident case take?
The timeline varies depending on the facts of the case and whether it settles or goes to trial. Some cases resolve in months, while others may take longer, especially if litigation is required.
Contact Peck Trial Attorneys for Your Free Consultation
Do not let a drunk driver's actions define your future. You may have the right to seek compensation. Peck Trial Attorneys is here to help you understand your options. Call us today to schedule your free consultation. We will listen to your story, answer your questions, and explain possible next steps. The statute of limitations is generally three years, so it is important to act promptly.