The screech of tires, the violent jolt of impact—a car accident is a traumatic event under any circumstances. But when you realize the person who hit you is intoxicated, a wave of anger and disbelief follows the initial shock. The decision of one person to drive under the influence shatters lives in an instant, leaving victims with serious injuries, mounting medical bills, and profound emotional distress. In Massachusetts, hundreds of traffic fatalities and thousands of injuries are linked to impaired driving each year, a disturbing reminder of the real-world consequences of this reckless choice.
If you are the victim of a drunk driver, you likely feel anxious and unsure of what to do next. While the at-fault driver faces criminal charges, you are left to navigate a separate and often complex civil justice system to recover the compensation you need to heal and rebuild. This guide provides a clear, step-by-step path forward, outlining the actions you must take to protect your health and your legal rights after being hit by a drunk driver in Massachusetts.
Step 1: Prioritize Safety and Document Everything at the Car Accident Scene
Your actions in the immediate aftermath of the crash can significantly impact both your well-being and the strength of your future legal claim. Your first priority is always safety.
Call 911 Immediately
This is non-negotiable. A 911 call summons both police and emergency medical services to the scene. The police will create an official report, which is a foundational piece of evidence. Their investigation is especially important in a suspected drunk driving crash. Officers are trained to spot signs of intoxication—slurred speech, the smell of alcohol, unsteady movement—and can administer Field Sobriety Tests (FSTs) or a breathalyzer test. Their observations and any resulting OUI (Operating Under the Influence) arrest will be documented in the police report, creating a powerful link between the driver’s impairment and the collision.
Gather Your Own Digital Evidence
If you are physically able, use your smartphone to document everything. The moments after a crash are a fleeting opportunity to capture evidence that can define your case.
- Take Photos and Videos: Capture the entire scene from multiple angles. Photograph vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries you have. Importantly, if you can do so safely, try to capture video of the other driver. Their behavior, speech, and appearance can serve as compelling evidence of their intoxication.
- Exchange Information (Carefully): Get the other driver’s name, address, phone number, license plate number, and insurance information. However, keep your interaction brief and factual. Do not get into an argument or accuse them of being drunk. Let the police handle that.
- Identify Witnesses: Look for anyone who saw the crash. Ask for their names and phone numbers. Independent witness testimony can be invaluable in corroborating your account of what happened.
Step 2: Seek Immediate and Consistent Medical Attention
Even if you feel you only have minor bumps and bruises, you must get a professional medical evaluation. Do not refuse medical treatment after the crash. The adrenaline coursing through your system after a traumatic event can easily mask the symptoms of serious injuries, like internal bleeding, concussions, or soft tissue damage like whiplash.
Visiting an emergency room, an urgent care clinic, or your primary care physician accomplishes two vital goals:
- It protects your health. A doctor can identify and begin treating injuries before they worsen.
- It creates a legal record. Your medical records become the official documentation of your injuries, linking them directly to the time and date of the accident.
Insurance companies often try to devalue or deny claims by arguing that a delay in seeking treatment—a "gap in treatment"—means the injuries were not serious or were caused by something else. Following your doctor’s orders, attending all follow-up appointments, and keeping detailed records of your treatment are essential for building a strong claim.
Step 3: Understand the Legal Ramifications of an Accident Caused by a Drunk Driver
When a drunk driver causes an accident, it triggers two separate legal proceedings: a criminal case and a civil case. It's important to understand the difference.
- The Criminal Case: This type of proceeding is brought by the Commonwealth of Massachusetts against the driver for breaking the law (OUI). The prosecutor’s goal is to secure a conviction, which can result in penalties like fines, license suspension, and jail time. You will be a key witness in this case, but you are not in control of it.
- The Civil Case (Your Personal Injury Claim): This is the case you file to recover financial compensation for your losses. The goal is not to punish the driver (though that can be a component) but to make you financially whole again.
While separate, the outcome of the criminal case can heavily influence your civil claim. A guilty plea or conviction for OUI can be used as definitive proof of the driver's negligence in your personal injury lawsuit.
Step 4: Navigating Insurance and the Massachusetts "No-Fault" System
Massachusetts is a “no-fault” car insurance state, which can be confusing for accident victims. At its core, no-fault means that your own auto insurance policy is the first source of payment for your initial medical bills and lost wages, regardless of who caused the accident. This is handled through your Personal Injury Protection (PIP) coverage.
How PIP Works
In Massachusetts, PIP provides up to $8,000 in benefits. This can be used to cover:
- Your medical expenses.
- Up to 75% of your lost wages if an injury prevents you from working.
- Replacement services for household tasks you can no longer perform.
You must file a PIP claim with your own insurance company to access these initial benefits.
The Threshold to Sue a Drunk Driver in Massachusetts
The no-fault system limits your ability to sue the at-fault driver for pain and suffering unless your injuries meet a “serious injury threshold”. In Massachusetts, you can step outside the no-fault system and file a lawsuit against the drunk driver if:
- You have incurred at least $2,000 in reasonable medical expenses; OR
- You have suffered a fracture, significant disfigurement, loss of sight or hearing, or death.
Given the high-impact nature of many drunk driving collisions, victims often meet this threshold quickly. Once you do, you can pursue a claim for the full scope of your damages, far beyond the limits of your PIP coverage.
Step 5: Establishing Liability: More Than Just the Driver May Be Responsible
Proving the other driver was at fault is much simpler in a drunk driving case. Under a legal principle known as negligence per se, when a person violates a safety law (like OUI laws) and that violation causes the type of harm the law was designed to prevent, they are automatically considered negligent. You do not have to spend time proving they were being careless—their illegal act of driving drunk is the proof.
However, a skilled car accident lawyer will investigate beyond just the driver. Massachusetts law allows victims to hold other parties accountable in certain situations.
Massachusetts Dram Shop Liability
Was the drunk driver overserved at a bar, restaurant, or other establishment with a liquor license? Massachusetts General Laws Chapter 138, Section 69, known as the "Dram Shop Act," allows victims to hold a commercial vendor liable if they served alcohol to a person who was already visibly intoxicated. Proving a dram shop case requires evidence that the establishment’s staff knew or should have known the person was drunk but continued to serve them anyway. This often involves witness testimony, receipts, and security footage.
Social Host Liability
What if the driver became intoxicated at a private residence or party? Social host liability in Massachusetts is more limited than dram shop law. Generally, a social host can only be held liable for damages if they knowingly served or provided alcohol to a minor (someone under 21) who then caused the accident.
Step 6: Calculating the Full Value of Your Claim Against the Drunk Driver
Once you have crossed the no-fault threshold, you can demand compensation for all your losses. These damages are typically broken into three categories.
Economic Damages
These are the verifiable financial losses you have suffered. A car accident attorney will help you meticulously document every expense, including:
- All past and future medical bills (hospital stays, surgeries, physical therapy, medication)
- Lost wages from time off work
- Loss of future earning capacity if your injuries permanently affect your ability to work
- Property damage to your vehicle
- Out-of-pocket costs for things like transportation to doctor's appointments
Non-Economic Damages
These damages compensate you for the intangible, human cost of the accident. While they don’t have a specific price tag, they are very real losses. They include:
- Pain and suffering
- Emotional distress and mental anguish (anxiety, depression, PTSD)
- Loss of enjoyment of life
- Scarring and disfigurement
Punitive Damages
This is a critical element that sets drunk driving cases apart from standard car accidents. While the purpose of economic and non-economic damages is to compensate the victim, the purpose of punitive damages is to punish the defendant for egregious behavior and deter others from similar conduct.
In Massachusetts, punitive damages are not awarded easily. They require proof that the defendant’s actions were willful, wanton, or reckless. Driving while intoxicated is often considered to meet this high standard. The possibility of a large punitive damage award gives your car accident lawyer significant leverage when negotiating with the insurance company and can substantially increase the total value of your settlement or verdict.
Step 7: Understanding Why Hiring a Massachusetts Car Accident Lawyer Is Essential
Trying to manage a personal injury claim against a drunk driver on your own is a monumental task. You are recovering from injuries, dealing with financial stress, and facing off against aggressive insurance adjusters whose job is to pay you as little as possible.
To level the playing field, a dedicated car accident lawyer in Massachusetts will manage all aspects of your case, allowing you to prioritize your recovery. They will:
- Conduct a thorough independent investigation into the crash.
- Gather all evidence, including police reports, medical records, witness statements, and expert testimony.
- Manage all communications with insurance companies.
- Accurately calculate the full, long-term value of your claim, including potential punitive damages.
- Explore all avenues of liability, including potential dram shop claims.
- Negotiate aggressively for a maximum settlement.
- Prepare to take your case to trial if the insurance company refuses to offer a fair settlement.
The choice a drunk driver made was not an accident—it was a reckless decision with devastating consequences. You should not have to bear the financial burden of their actions.
Wrongful Death Lawsuits After Drunk Driving Accidents in MA
When a drunk driving accident results in the ultimate tragedy, the loss of a life, Massachusetts law allows the surviving family to seek justice through a wrongful death lawsuit. The personal representative of the deceased's estate files this civil action on behalf of the beneficiaries, including the spouse, children, or parents. A wrongful death claim seeks compensation for the immense losses the family has suffered, including the value of lost income and the loss of companionship, comfort, and guidance, and the costs of funeral and burial services. Critically, in cases of drunk driving, the law recognizes the defendant's actions as willful, wanton, and reckless. This allows the family to pursue punitive damages, which are designed not to compensate for a loss but to punish the drunk driver for their egregious behavior and deter similar conduct in the future. While no lawsuit can ever replace a loved one, it provides a vital path to hold the responsible driver accountable and secure the financial stability the family needs to face the future.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
You have the right to pursue justice and compensation if a drunk driver in Massachusetts has injured you or a loved one. The legal journey ahead may be difficult, but you don't have to face it alone.
At Brandon J. Broderick, Attorney at Law, we are committed to holding negligent drivers accountable and fighting for the maximum compensation our clients deserve. We understand the pain and uncertainty you are facing, and we are here to provide the expert guidance and compassionate support you need. Contact us today for a free, no-obligation consultation to learn how we can help you.