Boston Drunk Driving Accident Lawyers
Experienced legal representation for victims injured by intoxicated drivers
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Drunk driving is one of the most preventable causes of catastrophic injuries and wrongful deaths in Boston and nationally. When a drunk driver causes injuries to another person or costs someone their life, the law offers ways to hold that person accountable. In addition to criminal charges, the victim or their loved ones may have the chance to bring a civil claim against the drunk driver. At Santoro & Gray, we work to provide compassionate support and aggressive advocacy to our clients. It’s our job to listen to your story, understand the human impact, and use that information to more effectively fight for compensation and accountability. Contact us to learn how we can help in your case.
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How Santoro & Gray can help you
- Why choose Santoro & Gray after a drunk driving crash
- Drunk driving is persistent and preventable
- Massachusetts drunk driving laws (OUI)
- The human cost of drunk driving crashes in Boston
- Who may be liable for a Boston drunk driving crash
- How Santoro & Gray builds a drunk driving case
- Recoverable damages in a Boston drunk driving case
- Statute of limitations and deadlines
- What to do after a suspected drunk driving crash
- Frequently asked questions
- Do you have a Boston drunk driver accident attorney near me?
At Santoro & Gray, we’re trial-oriented in our approach to each case. We understand that when the opposing side knows you aren’t going to back down, they are more willing to come to the table with a reasonable offer. Our team is also survivor-centered, and we always take the time to truly grasp our clients’ trauma before we present evidence in court. This approach allows us to more effectively build a claim and make the case for the damages our clients actually deserve.
When it comes to catastrophic injuries and tragic wrongful death cases, insurers and defendants know that there is a lot at stake. We know that they are going to fight, and we’re not afraid to go head-to-head with them, all the way to trial if that’s what it takes. We’ve done it before, and we’re prepared to do it for any client we take on.
The National Highway Traffic Safety Administration (NHTSA) reports that 13,524 people died in crashes caused by drunk drivers across the US in 2022. Those numbers indicate that nearly one in three traffic-related deaths resulted from alcohol-impaired motorists.
In Massachusetts, the percentage of traffic fatalities that were caused by drunk or drugged drivers was higher than the national average. Drunk driving has long been a leading risk factor for motorists in Boston and across the nation. In fact, even after decades of public awareness campaigns and tougher laws aimed at curbing such practices, it remains one of the deadliest forms of negligent driving. It’s incredibly important that those who are injured in such crashes take every opportunity they have to seek accountability.
Drunk driving laws in Massachusetts create severe consequences for those who operate a vehicle under the influence. While driving under the influence (DUI) is the term many states use, in Massachusetts, the statutes refer to this offense as operating under the influence (OUI), and it applies to alcohol as well as marijuana, narcotics, or other intoxicants.
A driver will be considered legally impaired if they have a Blood Alcohol Concentration (BAC) greater than or equal to 0.08% (0.04% for commercial drivers). Alternatively, if the driver is “under the influence,” even if BAC is below 0.08%, they are in violation of the law. In the case of drivers under 21 years of age, there is zero tolerance for impaired driving, and any BAC of 0.02% or greater will trigger legal penalties.
Understanding criminal vs. civil drunk driving cases
Most people know that driving drunk is against the law. However, they might be less familiar with the difference between criminal and civil offenses related to this illegal act. Criminal OUI cases aim to punish offenders for violating the law. In contrast, the objective of a civil lawsuit is to compensate the victims. While a person who faces criminal charges may face jail or prison time if convicted, a person who loses a civil case will owe money to the victim or their family, often through their insurer.
It’s important to understand that the civil case is independent of criminal proceedings. You can file a civil lawsuit even if the court acquits the driver or prosecutors never file charges.
Dram shop liability in Boston
Massachusetts has a dram shop law that may allow a person injured by a drunk driver to file a claim against the establishment that sold the person liquor. Essentially, the statute allows you to hold bars, restaurants, or social hosts who serve alcohol to an intoxicated person or minor liable if that person causes injury or death.
These cases require the plaintiff to prove that the establishment knew or should have known the person was intoxicated, and that the intoxication contributed to the crash. Dram shop claims may involve evidence such as bar receipts, surveillance footage, witness testimony, and expert toxicologists. As a result, these claims can be more legally complex.
Drunk driving crashes often involve drivers who are traveling at high speeds, moving erratically, and behaving unpredictably. They may lead to severe types of collisions, such as head-on or side-impact crashes.
Common personal injuries resulting from these severe car accidents include:
- Traumatic Brain Injury (TBI)
- Spinal cord injury or paralysis
- Amputation or crush injuries
- Severe internal bleeding and organ damage
- Complex fractures and orthopedic injuries
- PTSD and emotional trauma
- Wrongful death
These severe collisions can leave families emotionally and financially devastated. A successful claim can help by allowing the victims to recover compensation that will help them afford treatments, offset lost income, and otherwise support them as they try to reclaim their lives.
There are several parties that might be legally liable for a drunk driving crash and the resulting injuries.
1) The drunk driver
The most likely party responsible is the impaired driver themselves. After all, they are the ones who chose to operate a vehicle after consuming alcohol.
2) Bars, restaurants, and social hosts
Dram shop liability can allow you to hold the homeowner or establishment that overserved the driver or served an underage patron liable.
3) Employers and vehicle owners
Employers can sometimes be liable under the legal concept of respondeat superior. If the drunk driver was acting within the scope of their employment, like a delivery truck operator actively delivering packages, the employer may be liable.
Vehicle owners may also be liable when they entrust their vehicle to someone they know is impaired.
At Santoro & Gray, we can help you determine the potentially liable parties in your case. By conducting a careful analysis, we can support your pursuit of compensation from all those legally responsible.
From the beginning of a case, it’s critical to have legal support and guidance. Some of the steps that Santoro & Gray may take include conducting an immediate investigation and evidence preservation. We work to collect:
- Police OUI reports, breathalyzer results, and bodycam footage
- Identify potential bar or restaurant involvement (receipts, witnesses, surveillance)
- Interview law enforcement and EMS responders
- Secure black box data and accident reconstruction analysis
- Review toxicology results and the driver’s BAC timeline
We aim to create a human-centered case narrative that transforms the data into a story of how the victim’s life changed forever. To do so, we might collaborate with experts in accident reconstruction, toxicology, medicine, and economics (to show lost earning capacity).
The available damages in a Boston drunk driving case may include:
Economic damages
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Rehabilitation and adaptive care
- Vehicle/property damage
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Wrongful death and punitive damages
Surviving families may recover funeral costs, loss of companionship, and, in some rare cases, punitive damages for willful misconduct in wrongful death cases.
Victims injured in drunk driving generally have three years from the crash date (or death date in wrongful death cases) to file a claim.
Dram shop claims must typically be filed within the same three-year period, but it’s important to note that they may require earlier notice if the claim is against a municipality or government-affiliated venue.
Even though you might feel like you have time, remember that the evidence, such as BAC results, surveillance video, and bar records, may be lost if you delay reaching out to a lawyer as soon as possible. Once you’re working with us, we can help preserve evidence and file your case before the statute of limitations expires, which would prevent it from moving forward.
If you were in a crash with a driver whom you suspect was under the influence, you need to act quickly to preserve evidence and develop your claim. Some steps to take include:
- Call 911: Make sure that the police document evidence of the driver’s intoxication.
- Seek medical treatment: You need to immediately get treatment for any obvious injuries, and get checked for those that might be less clear, like internal injuries.
- Collect evidence: Get the license plate information, photos, and witness contact information if possible.
- Avoid discussing fault or confronting the driver: Getting into an altercation at the scene or admitting fault can come back to harm your case.
- Contact Santoro & Gray immediately: Our attorneys act fast to preserve key evidence before it disappears.
We know the aftermath of a crash can be confusing, but taking the right steps can be critical for helping in the long run.
What if the drunk driver was uninsured?
Even if the driver who caused you injuries didn’t have insurance, or didn’t have enough insurance, you may still be able to file a claim under your uninsured motorist (UM) or underinsured motorist (UIM) policy. You will still want to speak to an attorney right away in these cases.
Do civil drunk driver cases go to trial?
The truth is that many will settle before trial. But being prepared for trial and willing to go all the way often results in higher settlements. Insurers may try to push you to accept a low-ball offer if they believe you aren’t willing to go to trial. Hiring a lawyer with a history of successful trial outcomes can earn you a better position during negotiations.
Can I still recover damages if the drunk driver wasn’t convicted?
Yes. You can bring a civil claim even if the driver never faced charges or wasn’t convicted. Also, civil liability has a lower burden of proof than criminal prosecution, which means you might be successful even if the criminal case was not.
Yes, Santoro & Gray has an office located at 131 Dartmouth St, 3rd Floor, Boston, MA 02116. Our team can also schedule a phone or video consultation if you can’t make it to us.
We know how difficult this time is for you and your family, and we want to make the process as easy on you as possible.
Contact a Boston lawyer who listens
At Santoro & Gray, our lawyers know that at the heart of your case is a real human story full of pain and challenges that no amount of money can undo. However, a successful claim can offer you the compensation you need to heal and accountability so that those responsible for your injuries face consequences for their actions. Call us today or fill out our contact form to schedule your free consultation.