Massachusetts Drunk Driving Accident Lawyer

The pain from your injuries is real. The medical bills are starting to pile up, and the stress of being unable to work is a heavy weight. And the most difficult part is knowing that none of this was your fault. You are dealing with these serious consequences because another driver made the reckless and illegal choice to get behind the wheel while intoxicated.

In a situation this unfair, you deserve a dedicated advocate to fight for you. A skilled Massachusetts drunk driving accident lawyer can handle the entire legal process, from dealing with insurance companies to holding the at-fault driver fully accountable. At Bailey & Burke, our purpose is to secure the financial resources you need to cover your losses and help you rebuild, allowing you to focus completely on your recovery.

Why Choose Bailey & Burke for Your Drunk Driving Accident Case?

Choosing the right legal team can make all the difference in the outcome of your case. Since 1971, the attorneys at Bailey & Burke have been advocating for injury clients across Massachusetts, building a reputation for dedicated client service and a strong record of success. We approach every case with the seriousness and personal attention it deserves, because we know that your future is on the line.

Our commitment to our clients is reflected in how we work:

• A History of Success: We have achieved a 99.6 percent success rate in personal injury cases, including those involving motor vehicle collisions and other forms of negligence.
• Direct Attorney Access: When you work with us, you work directly with an attorney. Your case will not be handed off to a paralegal; you will have a direct line to the lawyer handling your claim from start to finish.
• No Fees Unless We Win: We handle personal injury cases on a contingency fee basis. This means you pay no attorney fees until and unless we obtain a settlement or a court verdict for you.
• Client-Centered Service: We listen to you, answer your questions, and provide the information you need to make empowered decisions. We are available to meet on evenings and weekends and offer services in Spanish for our clients.

We believe that our job goes beyond just the legal proceedings; we are here to help you get the support and medical care you need. At Bailey & Burke, we are dedicated to helping our clients in Massachusetts find stability and justice.

Understanding Your Rights After a Drunk Driving Crash in Massachusetts

After being hit by a drunk driver, it’s important to understand that there are two separate legal processes that may occur. First, the state of Massachusetts will pursue a criminal case against the impaired driver for violating the law. Second, you, as the injured person, have the right to file a separate civil lawsuit to seek financial compensation for your losses. The outcome of the criminal case can be helpful to your civil claim, but they are independent of each other.

Your civil claim is based on the legal concept of negligence. In simple terms, negligence means that someone had a duty to act with reasonable care, they failed to do so, and their failure caused you harm. When a driver operates a vehicle while intoxicated, they are breaking a critical safety law. This often establishes their fault for the collision.

As a person injured by a drunk driver, you have specific rights, including:

• The right to file a personal injury claim against the at-fault driver.
• The right to seek compensation for all accident-related damages, including medical expenses, lost income, and pain and suffering.
• The right to be represented by a lawyer who will advocate for your best interests.

These rights are the foundation of your ability to seek justice and hold the responsible party accountable for their actions.

What Steps Should You Take After Being Hit by a Drunk Driver?

Once you have received initial medical attention and are safely back home, the days and weeks that follow are a critical time for protecting both your health and your legal rights. While you focus on recovery, there are a few productive steps you can take to help build a strong foundation for your personal injury claim.

1. Follow All Medical Advice: Your health is the top priority. Attend all follow-up appointments with your doctor, go to physical therapy sessions, and take prescribed medications. This not only aids your physical recovery but also creates an official record of your injuries and treatment.
2. Keep Detailed Records: Start a folder to store all documents related to the accident. This includes medical bills, receipts for prescriptions, the police report number, and any letters you receive from an insurance company.
3. Document Your Experience: Consider keeping a simple daily journal. Write down your pain levels, any physical limitations you experience, and how the injuries are affecting your daily life. This can be valuable information for demonstrating the full extent of your non-economic damages.
4. Preserve Evidence: If you have photos of the accident scene or your initial injuries, keep them in a safe place. Also, save any damaged personal property, such as your cell phone, glasses, or clothing worn during the crash.
5. Consult with a Lawyer Before Speaking to Insurers: The at-fault driver’s insurance company will likely contact you quickly. It is in your best interest to speak with a Massachusetts drunk driving accident lawyer before giving any statements or signing any documents.

Taking these organized steps can significantly strengthen your position when it comes time to pursue the compensation you deserve.

Proving Liability in a Massachusetts OUI Accident Case

To secure compensation, your lawyer must prove that the other driver was at fault for the collision and that their actions directly caused your injuries. In a drunk driving case—often referred to as a DUI, but called OUI (Operating Under the Influence) in Massachusetts—the driver’s intoxication is a powerful piece of evidence demonstrating their recklessness. A conviction for OUI in Massachusetts criminal court can be used to establish fault in your civil case. 

However, a skilled attorney does not rely solely on a criminal conviction. A thorough investigation is essential to building a comprehensive claim.

Key evidence your legal team may gather includes:

• The Official Police Report: This document contains the investigating officer’s observations, notes on any field sobriety or breathalyzer tests, and witness information.
• Witness Testimony: Statements from other drivers, pedestrians, or passengers who saw the collision or the driver’s erratic behavior beforehand can be extremely persuasive.
• Video Footage: Many intersections and businesses in Worcester, from Kelley Square to Shrewsbury Street, have security cameras. Your attorney can work to obtain any available footage of the crash.
• Expert Analysis: In complex cases, accident reconstruction professionals can analyze the physical evidence to scientifically prove how the collision occurred.

This evidence is carefully assembled to create a clear and compelling picture of the other driver’s responsibility for the harm you have suffered.

What Types of Compensation Can a Drunk Driving Accident Lawyer Help You Pursue?

If you have been injured by a drunk driver, you are entitled to seek compensation for all of your related losses. In legal terms, these losses are called “damages.” The goal of a personal injury claim is to secure a financial recovery that covers these damages and helps make you whole again. A Massachusetts drunk driving accident attorney will carefully assess every way the accident has affected your life to determine the full value of your claim.

Damages are typically divided into three main categories:

• Economic Damages: These are the specific, calculable financial losses you have incurred. This includes all current and future medical bills, lost wages from being unable to work, loss of future earning capacity if you cannot return to your previous job, and the cost to repair or replace your vehicle.
• Non-Economic Damages: This category covers the intangible, personal losses that do not have a set price tag. It includes compensation for your physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability.
• Punitive Damages: In some rare cases involving extreme misconduct, Massachusetts courts may award punitive damages. These are not meant to compensate the injured person but rather to punish the wrongdoer and deter similar behavior in the future. Drunk driving cases are one of the few situations where punitive damages may be considered.

A thorough evaluation of all these damages is essential to ensuring you do not bear the financial burden of an accident that was not your fault.

Massachusetts Laws Relevant to Your Drunk Driving Accident Claim

Several Massachusetts state laws directly impact your ability to file a claim after being hit by a drunk driver. Understanding these laws is crucial, and an experienced attorney can help you meet all legal requirements and deadlines.

Here are a few of the most important statutes:

1. Statute of Limitations: In Massachusetts, you generally have three years from the date of the accident to file a personal injury lawsuit. This law is known as the statute of limitations. If you miss this deadline, you will likely lose your right to seek compensation forever.
2. OUI Laws: The state’s criminal laws against Operating Under the Influence make it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. A driver’s OUI conviction can serve as strong evidence of their negligence in your civil claim.
3. Dram Shop Liability: Massachusetts law also allows you to hold a bar, restaurant, or liquor store accountable if they served alcohol to a visibly intoxicated person who then caused your accident. This “dram shop” liability law provides another potential source of compensation for your injuries.

These laws provide the framework for holding all responsible parties accountable for the harm they cause.

The Insurance Company Is Calling – What Should I Do?

Soon after the crash, you will likely receive a call from an insurance adjuster representing the drunk driver. It is important to remember that this person is not on your side. Their job is to protect their company’s financial interests by minimizing the amount of money they pay out for your claim. They may sound friendly and helpful, but you should be cautious in your interactions.

When an adjuster calls, keep the following in mind:

• You are not obligated to provide a recorded statement. Adjusters often ask for one, hoping you will say something that can be used against you later. It is best to politely decline until you have spoken with an attorney.
• Do not accept an initial settlement offer. Insurers often make quick, low offers to close a case before the full extent of your injuries and financial losses are known. This first offer is almost always less than what your claim is truly worth.
• Do not sign any medical authorizations or other documents. Signing a broad release could give the insurance company access to your entire medical history, which they may try to use to argue that your injuries were pre-existing.
• Refer them to your lawyer. The safest and most effective approach is to let your attorney handle all communications with the insurance company.

Having a legal representative manage these conversations protects you from the tactics adjusters use and allows you to focus on your recovery.

How a Massachusetts Drunk Driving Accident Attorney from Bailey & Burke Can Help

 

When you choose Bailey & Burke, you are gaining a dedicated advocate who will manage every aspect of your legal claim. Our goal is to lift the legal burden from your shoulders and fight for the best possible outcome. We are committed to holding responsible drivers in our community accountable.

Here is how we will work to win your case:

1. Conduct a Comprehensive Investigation: We will immediately act to preserve evidence, interview witnesses, obtain police reports, and reconstruct the accident to build the strongest possible case for liability.
2. Handle All Communications: Our team will manage all phone calls, paperwork, and negotiations with insurance companies, protecting you from pressure and ensuring your rights are upheld.
3. Accurately Calculate Your Damages: We work with medical and economic professionals to fully document the cost of your injuries, including future medical needs and lost earning potential, to ensure we demand a fair and complete settlement.
4. Negotiate Aggressively on Your Behalf: With a thoroughly prepared case, we will negotiate from a position of strength to secure a settlement that fully compensates you for your losses.
5. Prepare for Trial: While most of our cases settle favorably out of court, we prepare every case as if it will go to trial. If the insurance company refuses to offer a fair settlement, we are always ready to present your case to a judge and jury.

Our team is here to provide the support and legal representation you need to get your life back on track.

Massachusetts, MA Drunk Driving Accident FAQs

Here are answers to some common questions that people have after being injured in a collision caused by an impaired driver.

Contact Our Massachusetts Drunk Driving Accident Attorney Today

You should not have to face the consequences of a drunk driver’s actions alone. The team of personal injury lawyers at Bailey & Burke is here to help you seek the justice and financial stability you need to heal and rebuild your life. We offer a free, no-obligation consultation to discuss your case and explain your legal options.

Take the first step toward recovery. Contact our office today at (888) 368-0983 or reach out to us through our online form to schedule your free consultation. Because we work on a contingency basis, you pay absolutely no fees unless we win your case.