Drunk driving accidents can have serious and life-altering consequences. Victims of drunk driving accidents in Massachusetts may suffer from physical injuries, emotional trauma and face significant financial costs. If you or a loved one has been involved in a drunk driving accident, it is essential to understand Massachusetts personal injury laws for drunk driving accidents.
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Drunk Driving Laws in Massachusetts
Driving under the influence (DUI) or operating under the influence (OUI) in Massachusetts is illegal. According to Massachusetts General Law Chapter 90 Section 24, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) level of 0.08% or more. Drivers under the age of 21 are prohibited from driving with a BAC level of 0.02% or more. Commercial drivers are prohibited from operating a motor vehicle with a BAC level of 0.04% or more.
Fault-based System
Massachusetts is a fault-based state, meaning that the driver who is responsible for the accident is liable for damages. This includes drunk driving accidents. If a driver causes an accident while under the influence of alcohol, they are considered negligent and responsible for any damages caused.
Types of Damages
Victims of drunk driving accidents in Massachusetts can seek various types of damages based on the harm they have suffered. These can include:
Economic Damages
Economic damages include any financial loss that can be quantified. This can include medical expenses, lost wages or earning capacity, property damage, and other expenses incurred due to the accident.
Non-economic Damages
Non-economic damages are damages that cannot be quantified as easily as economic damages. These can include physical pain, emotional suffering, loss of enjoyment of life, and other related harms.
Punitive Damages
Victims of drunk driving accidents in Massachusetts may also seek punitive damages. These are awarded to punish the drunk driver for their reckless and negligent behavior and to deter others from engaging in similar behavior.
Statute of Limitations
The statute of limitations in Massachusetts for personal injury claims is three years from the date of the accident. This means that victims have a limited time to file a claim or risk losing the right to do so.
Comparative Negligence
Comparative negligence is another important aspect of Massachusetts personal injury laws for drunk driving accidents. If the victim bears any responsibility for the accident, their compensation may be reduced accordingly. For example, if the victim was not wearing a seatbelt at the time of the accident, their compensation may be reduced as it contributed to their injuries.
No-fault System
Massachusetts operates on a no-fault system for car accidents. This means that victims of car accidents must first turn to their own insurance company to cover their expenses, regardless of who was responsible for the accident. However, in the case of serious injuries or economic damages over a certain threshold, victims may be able to file a lawsuit against the negligent party.
Compensation for Victims
Victims of drunk driving accidents in Massachusetts are entitled to compensation for the damages they have suffered. This can include medical expenses, lost wages or earning capacity, permanent disability or disfigurement, pain, and suffering, and other related expenses. An experienced personal injury attorney can help victims understand their rights and work to secure the compensation they deserve.
Conclusion
Massachusetts personal injury laws for drunk driving accidents are designed to protect victims and hold negligent parties responsible for their actions. Victims of drunk driving accidents in Massachusetts should seek the counsel of an experienced personal injury attorney to help them navigate the complex legal system and obtain the compensation they deserve. With the right legal help, they can begin to recover from their injuries and move forward with their lives.