According to the National Highway Traffic Safety Administration (NHTSA), more than 10,000 individuals are killed each year in alcohol-related motor vehicle accidents. An even larger number of Americans are injured each year due to impaired drivers. Injuries sustained as a result of a drunk driving accident can render you or a loved one unable to work and permanently impaired.
If you were injured as a result of the recklessness of a drunk driver, it is imperative that you get in touch with a seasoned car wreck attorney. A Brookline drunk driving car accident lawyer could inform you of your options.
Proving negligence in a drunk driving car accident case in Brookline could prove to be a difficult task. All drivers have a duty to operate their motor vehicles in a reasonably safe manner, which includes following Massachusetts traffic and driving laws. When individuals drive while intoxicated, they clearly fail to meet the standard of care that reasonable people would exercise in that situation.
It is the act of driving while intoxicated that is the proximate cause of accidents that lead to the victims’ injuries. In drunk driving cases, establishing negligence is a vital element of a successful injury claim. A drunk driving car accident lawyer in Brookline could help you prove liability in order to help obtain compensation.
Mass. Gen. Laws ch. 138, § 69 states that no licensed individual or establishment shall sell or deliver alcoholic beverages to an intoxicated person. This is widely referred to as Massachusetts’ Dram Shop Law. As a result, bars, restaurants, and liquor stores who continue to provide alcohol to intoxicated individuals may be held liable if those intoxicated individuals later drive and cause an accident that injures or kills another.
Individuals who serve an intoxicated person alcohol should reasonably foresee that an accident causing injuries may occur as a result. Those individuals owe a duty to the public at large to prevent these foreseeable injuries.
These cases, however, can be very fact-specific and complex. As a result, getting advice from a drunk driving car accident attorney in Brookline may help determine whether you have a valid claim for compensation against third parties.
Individuals who have a valid claim against drunk drivers or third parties for injuries sustained in drunk driving accidents may be able to recover damages. Examples of compensable damages include:
While some of these damages are easily calculable, such as medical bills, others are non-economic in nature, such as compensation for permanent impairment or disfigurement. The amount of potential damages can quickly become quite significant.
Damages may come from a variety of sources, including the responsible individual’s motor vehicle insurance policy, the victims’ own uninsured and/or underinsured insurance policies, the responsible individual’s personal assets, and establishments who serve alcohol to visibly intoxicated individuals.
Massachusetts law maintains a statute of limitations for personal injury claims. Mass. Gen. Laws ch. 260, § 2A states that injured victims who wish to file personal injury claims against drunk drivers or other responsible third parties must do so within three years from the date of the accident. If victims wait too long to file a claim, it may become impossible for them to pursue any claims for compensation. Fortunately, a seasoned lawyer could help victims file a claim promptly.
Depending upon the extent and nature of their injuries, victims of a motor vehicle accident caused by a drunk driver can be extremely traumatic and may lead to significant life changes. While no amount of compensation can make you whole again after a horrific accident, it can go a long way toward alleviating financial worries and ensuring that you continue to get the medical care that you need.
Contact a Brookline drunk driving car accident lawyer as soon as possible following your accident so that you may be able to preserve your right to a claim for compensation against the parties responsible for your injuries.