According to a recent report, Massachusetts is among the worst states in the nation for morning to lunchtime drunk driving accidents.
Boston, MA – Alcohol consumption is one of the leading causes of car accidents in Massachusetts. In 2019, for instance, 110 people were killed in crashes caused by drivers with a blood alcohol content (BAC) of .08 or higher. That represents 33% of all traffic fatalities in the state. While in most states, the highest number of drunk driving accidents occur in the evening or late at night, in Massachusetts people like to get an early start. According to a recent report, Massachusetts is among the worst states in the nation for morning to lunchtime drunk driving accidents. Most such accidents occur in major cities, such as Boston.
The state of Massachusetts uses the general term Operating Under the Influence (OUI) to refer to drunk driving. The first two OUI are treated as misdemeanors, but the third time a driver is caught drunk, they can be charged with Driving Under the Influence (DUI) which is a felony and carries a sentence of up to 5 years in prison. What happens to the drunk driver is their problem. A victim cannot collect damages from a criminal trial. If you have extensive damages, you must get in touch with experienced Boston OUI accident lawyers to see if you can sue the other driver.
What does it mean that Massachusetts is a no-fault state?
Massachusetts is one of the few states that use the no-fault doctrine as far as car accidents are concerned. This means that you can recover damages even if you were partly to blame for the crash using your Personal Injury Protection policy. The idea behind this doctrine is to limit the number of lawsuits and it does make it easier to get some money after an accident. The problem is that you don’t get much money.
When do I need to hire a lawyer?
If you escape from the accident with minor injuries, your PIP coverage can cover that. A standard PIP policy will pay up to $8,000 in damages, minus your deductible. This sum may cover your medical expenses, with some money left over to compensate you for your lost wages.
However, if you have sustained severe injuries such as broken limbs, spine damage, or brain trauma, your PIP coverage won’t certainly be enough and you will have to file a claim against the drunk driver and his insurance company.
Talk to reliable Boston accident lawyers as soon as possible, because you will need to prove that the other driver was negligent and caused the crash no matter their BAC.
Your lawyers can definitely use the fact that the other driver was above the legal limit as an argument that the other driver’s behavior was reckless. This is not enough, though. Your lawyers will also have to examine the findings in the police report to establish what happened. In complicated cases, they may need to bring in accident reconstruction experts and interview eyewitnesses.
Another big problem is that Massachusetts uses a modified comparative negligence rule, according to which you may lose your right to recover if your percentage of blame is 51% or higher.
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