Boston Drunk Driving Accident Lawyers
Finkelstein & Partners LLP – Boston Office
15 Court Square #800a,
Boston, MA 02108
(617)-580-3144
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
Drunk drivers inflict an unacceptably catastrophic toll on Boston-area roads. Despite decades of public advocacy and tough criminal sanctions, motorists still make the irresponsible, reckless decision to get behind the wheel after consuming alcohol, with predictably tragic consequences. Drunk driving accidents happen throughout Boston and its environs—on Beacon Street, in Big Dig highway tunnels, and Brookline, to name just a few spots—but they almost always end the same way: with senseless, preventable injuries, deaths, and damages.
Finkelstein & Partners represents Boston drunk driving accident victims in lawsuits seeking compensation for their injuries and losses. We work to hold drunk drivers, and others at fault for their reckless, illegal conduct, accountable through insurance claims and lawsuits in Boston courts. Contact our Boston drunk driving accident lawyers today if a drunk driver has inflicted pain and destruction in your life. You may have the right to a significant financial award.
About Our Team
Few law firms in the United States have as long and storied a history representing personal injury clients as Finkelstein & Partners. Founded in New York’s Hudson River Valley 60 years ago, our firm has fought and delivered results for generations of injured individuals and families mourning the loss of loved ones in tragic, preventable accidents. Since our founding, we have grown into a personal injury law juggernaut, with a team of lawyers and legal professionals and a wealth of resources that allows us to take on even the largest and most well-defended adversaries.
We have a track record of results to match, which includes numerous multi-million dollar settlements and jury awards in cases involving a wide array of preventable accidents and incidents, including drunk driving crashes.
Our recent successes for our clients in drunk driving accident cases include:
- A $2.85 million settlement for a client who suffered severe injuries in a head-on motor vehicle collision with a drunk driver.
- A $1.25 million insurance settlement for a client who nearly died in a drunk driving accident that killed the drunk driver.
Of course, we cannot guarantee that every drunk driving accident injury case we handle will turn out as those cases did. However, our clients can take comfort in knowing that our team has decades of experience in drunk driving matters. If a legal strategy will help our client obtain compensation after getting hurt by a drunk driver, the Finkelstein & Partners team will find it.
The Toll of Boston Drunk Driving Accidents
According to MassDOT, over a recent three-year period, police reported at least 447 alcohol-involved motor vehicle accidents within the Boston city limits. (Many more drunk driving crashes happened outside of Boston but within the greater metro area, in towns like Cambridge, Dorchester, and Allston). Those Boston crashes resulted in at least one fatality, and at least 114 non-fatal injuries, involving motorists, cyclists, and pedestrians.
Drunk driving accidents in Boston tended to happen at well-known hot spots for accidents in the city generally, such as:
- I-93N and S merges and splits in the Big Dig tunnels under downtown.
- The Longfellow Bridge/Charles Street/Storrow Drive/Embankment Road interchange.
- At the downtown ends of the Callahan and Sumner Tunnels.
- On the Mass Pike, especially near the Copley Place on/off ramps.
No location in Boston, however, is immune from potentially deadly drunk driving crashes. They happen at intersections and along thoroughfares across the city.
No matter where a drunk driving crash happens in Boston, the team at Finkelstein & Partners can help victims secure compensation from the at-fault parties.
Overview of Massachusetts Drunk Driving Laws
Like most states, Massachusetts law defines drunk driving as:
- Driving while having a blood alcohol content (BAC) of at least 0.08 percent; or
- Driving while under the influence of intoxicating liquor.
By defining drunk driving by BAC or being under the influence, the law recognizes that driver impairment starts at the very first sip of alcohol. The legal limit, 0.08 percent BAC, serves as a benchmark that will significantly impair most adults, but many will exhibit impaired abilities at far lower levels of intoxication. Common impairments from drinking alcohol include poor decision-making, diminished visual acuity, slowed reaction times, loss of motor control, and difficulty judging speed and distance.
Drunk driving is illegal in Massachusetts, punishable by fines, imprisonment, and suspension of driving privileges. Those penalties tend to increase with each subsequent conviction, and in cases in which the driver causes an accident that causes injuries or fatalities.
Injuries Common to Boston Drunk Driving Accidents
Unfortunately, despite the harsh penalties, so long as individuals consume alcohol, some percentage of them will continue to make the deadly decision to take the wheel of a motor vehicle. The crashes that inevitably result cause a wide range of severe and potentially life-ending injuries. Over our decades of representing clients in personal injury matters, the team at Finkelstein & Partners has gained knowledge of the medical, financial, and day-to-day challenges of living with most of them.
Among others, our team has helped clients recover compensation for:
- Traumatic brain injuries that leave crash victims in comas or with severe cognitive, emotional, and/or motor impairments.
- Crushed and amputated limbs, often the result of arms and legs getting trapped in the wreckage of a drunk driving crash.
- Spinal cord injuries that rob our clients of their ability to walk, and impose high lifetime costs.
- Damage to vital organs that force drunk driving crash victims to change every aspect of their lives and cause lasting health complications.
- Back injuries that cause debilitating, chronic pain that forces many of our clients out of work permanently.
- Fractures and soft tissue injuries that cause extreme discomfort and inconvenience and may permanently limit a client’s mobility.
- Severe lacerations and abrasions that cause dangerous blood loss, a high risk of infection, and permanent scars.
In some Boston drunk driving accidents, these injuries take the life of a motorist, pedestrian, or cyclist. In those tragic cases, our team can represent victims’ surviving spouses and/or family members in wrongful death actions seeking compensation for the myriad harms inflicted by an untimely, senseless death.
Assigning Fault for Drunk Driving Accidents in Boston
In representing motor vehicle accident victims in Boston, Finkelstein & Partners often confronts the important task of figuring out exactly how the crash happened, and who should bear the blame for it. Under Massachusetts law, anyone whose careless, reckless, or intentional actions lead to a harmful crash may owe financial damages to the crash victims.
The defining characteristic of a drunk driving accident is, of course, the drunk driver. In most drunk driving accidents, the irresponsible, reckless drunk driver bears at least some blame, and legal liability, for what happened. However, it may surprise you to learn that the drunk driver is not always the only party who might owe damages to crash victims. Others can share liability for the drunk driver’s conduct.
For example:
- A bar, restaurant, or social host in Boston that serves alcohol to someone who is already intoxicated, and who subsequently causes a drunk driving accident, may face legal liability for the harm the crash inflicts.
- If the drunk driver crashes a commercial vehicle while working, then the driver’s employer can owe damages for the drunk driver’s conduct.
In addition, a crash involving a drunk driver does not always owe its cause entirely to the drunk driver’s actions. Sometimes, other people’s wrongful conduct plays a role completely separate from that of the drunk driver in causing the accident.
For example:
- Other (sober) motorists might also make unreasonably dangerous decisions while operating their vehicles that increase the likelihood of a crash.
- Automotive manufacturers might bear some blame for a crash by selling defective vehicles or vehicle parts that fail at a dangerous moment, contributing to the cause of the accident.
- The City of Boston and its contractors might make mistakes in designing, building, and maintaining roads that unreasonably increase the chances of a dangerous drunk driving accident.
At Finkelstein & Partners, we examine every drunk driving accident carefully to determine if anyone other than the drunk driver might share liability for our clients’ injuries and losses. Our team appreciates the importance of identifying as many at-fault parties as possible so that our client has the strongest possible chance of receiving the most compensation available.
Potential Compensation for Boston Drunk Driving Crash Injuries
Individuals seeking our help at Finkelstein & Partners in Boston often want to know how much they might receive if they hire us to represent them in a drunk driving accident case. The straightforward answer is: we do not know yet. Numerous factors can affect the compensation victims of a Boston drunk driving accident might receive, including the severity and life-impact of their injuries, the strength of the evidence in their favor, and the amount of insurance and other assets the at-fault parties have to pay damages.
We can, however, usually give them at least a sense of the types of damages they might seek by taking legal action with our help.
With the caveat that every case differs in its particulars, our team routinely recovers compensation for our clients’:
- Medical expenses related to treating drunk driving accident injuries and other health complications arising from them.
- Out-of-pocket expenses connected to what happened, including those related to repairing or replacing damaged property, and to adapting to an injury or disability.
- Loss of income caused by the injuries they suffered in the drunk driving crash, such as when they miss work while hospitalized or cannot return to work because of a disabling injury.
- Pain, suffering, and overall life difficulties they suffer because of the accident, including harm to personal relationships and their ability to enjoy their lives.
Surviving spouses and other family members who hire us to represent them in a wrongful death action after a fatal drunk driving accident can seek to receive similar categories of damages.
In some drunk driving cases, our team can also secure punitive damages to punish extreme or outrageous conduct leading to the crash. In contrast to other types of accidents our firm routinely handles, drunk driving cases often involve such behavior, which allows our clients to secure extra compensation in some cases.
What You Can Do To Help Your Boston Drunk Driving Accident Injury Case
The aftermath of a drunk driving accident that injures you or a loved one can feel overwhelming. You may struggle to know where to turn for help, or what to do to protect your rights.
People might offer all sorts of tips to you, but in our 60 years of experience as injury lawyers, we have found that the simplest steps are usually the best.
We urge anyone injured by a Boston drunk driving accident to take two actions as soon as they can.
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Drunk Driving Accident Lawyer, Andrew Finkelstein Get medical attention. Nothing is more important than your health. Always seek appropriate medical care for any injury you know about. Even if you think you escaped a drunk driving crash without injury, go to the doctor anyway for a checkup as soon as you can. Some potentially catastrophic injuries do not necessarily show recognizable symptoms right away, but a doctor can spot them and help to prevent them from getting worse.
- Contact a Boston drunk driving accident injury lawyer. You have no time to lose in protecting your legal and financial rights. Often, quick action by a lawyer in the days and weeks after an accident can help preserve critical evidence and witness testimony to prove your case and secure you the maximum compensation available. Conversely, waiting too long to call a lawyer could lead to the complete loss of your rights to sue the driver and others for damages.
Boston Drunk Driving Accident FAQ
If a Boston drunk driving accident injured you, you may have numerous questions about your legal options. Here, we will go over these concerns, including some of the more frequent questions our clients often have after a Boston drunk driving accident.
1. What Is Considered Drunk Driving in Boston?
Non-commercial drivers over 21 are legally drunk when their blood alcohol level is 0.08 percent or more. On the other hand, commercial vehicle drivers are legally drunk when their blood alcohol content (BAC) is at least 0.04 percent. However, if the driver is under 21, police can arrest them for a DUI of BAC of 0.02 or higher.
Yet, if a drunk driver harmed you, reach out to a Boston drunk driving accident lawyer as soon as possible. These attorneys have the resources and the skills to help prove that the other driver may have been intoxicated at the time of the incident and help you pursue the damages you are entitled to.
2. Can You Recover Punitive Damages Following a Boston Drunk Driving Accident?
Unlike other damages, which compensate a victim for their losses and injuries following a Boston drunk driving accident, punitive damages punish the wrongdoer for their egregious actions and prevent others from committing this act.
However, in Massachusetts, punitive damages are not allowed unless the defendant’s gross negligence or willful or wanton conduct causes another person’s death. As a result, the only way for an individual to recover punitive damages following a drunk driving crash in Boston is if the decedent’s family members bring a wrongful death action against the at-fault party.
3. How Much Time Do You Have to Bring an Injury Claim Following a Boston Drunk Driving Accident?
The statute of limitations in Massachusetts for most personal injuries is three years, meaning that you will only have three years from the date of the drunk driving accident to file a legal claim. If you do not file your case by this deadline, you cannot pursue compensation for the harm and losses you sustained.
Although this rule may seem unfair, the rationale behind it is it gives wrongful parties a date after which they can stop worrying about whether someone will sue them. However, unfortunately, this regulation does not favor those who delay taking action.
That is why you should not wait to speak with a Boston drunk driving accident lawyer about your drunk driving accident. These experienced attorneys can promptly review what happened, figure out the maximum amount of time you have to file your case, and ensure that all the required legal documents are filed before time runs out.
4. How Much Is My Boston Drunk Driving Accident Case Worth?
Because no two drunk driving accidents are the same, there is no set amount when it comes to the worth of a Boston drunk driving accident case.
This is also primarily because many factors affect the value of a case, such as:
- The severity of the injuries sustained
- The medical treatments needed
- The ability to work following the accident
- The degree of the wrongdoer’s culpability
- The dependability of the evidence presented
- The physical and emotional losses sustained from the accident
Fortunately, when you work with a knowledgeable Boston drunk driving accident attorney, these lawyers can figure out which of those factors influence your claim, prepare the strongest case in response to them, and pursue the maximum compensation you are entitled to.
5. If a Drunk Driver Killed Your Loved One in Boston, Do You Have Any Legal Remedies You Can Pursue?
In Massachusetts, if a person causes the death of another by willful, wanton, or reckless actions, they can be held liable for the damages that result. Consequently, if an individual kills another because they decide to get behind the wheel drunk, an executor or administrator of the deceased’s estate can file a wrongful death claim.
If the case is a success, the deceased’s family members, including the spouse, children, and parents, can recover damages for their loved one’s death, such as:
- Income the deceased could have reasonably expected to have earned in their lifetime
- The care, comfort, guidance, and counsel, the deceased could have offered their family members
- Reasonable funeral and burial expenses
- The services, protection, and assistance the deceased could have provided to their survivors
In addition, punitive damages can also be pursued.
6. How Long Will It Take for a Boston Drunk Driving Accident Case to Resolve?
Unfortunately, no lawyer can tell you exactly how long it will take for your drunk driving accident case to resolve.
There are just too many questions, elements, and factors that can impact this timeline, including:
- The complexity of the case
- The severity of your injuries
- The size of the claim
- The investigation process
- The amount of time it will take you to reach maximum medical improvement
- The willingness of the insurance company to negotiate with you fairly
It can take cases time to resolve, especially if your attorney decides to take your case to trial. However, the best way to figure out a potential timeline of your case is to reach out to an experienced Boston drunk driving accident attorney who can help you understand the time frame you may be looking at as your case proceeds.
7. What Should You Do Following a Boston Drunk Driving Accident to Protect Your Rights?
Even though the last thing you want to do after a Boston drunk driving accident is to take action, it is important to realize the things you do in the immediate aftermath of the accident can not only affect your safety but your legal rights as well. For these reasons, following a Boston drunk driving accident, you should:
Call the Police Immediately
After a Boston drunk driving accident, you need to call 911 right away. This is the fastest way to notify emergency medical personnel that you or someone at the scene need immediate medical help and alert the police of the accident. These officers investigate the accident and prepare a report of their findings, which can serve as valuable evidence if you decide to pursue legal action following the crash.
Gather Evidence
If possible, you should try to gather as much evidence as possible from the crash scene. This evidence should include photos and videos of your visible injuries, the cars involved in the accident, their placement on the road, skid marks on the street, and any evidence that can indicate the other driver was drunk driving, such as the motorist’s specific conduct, or even alcohol bottles in the car.
In addition, if other people at the scene saw the accident, get their names and phone numbers. These individuals can often provide you and your lawyer with further helpful details regarding the incident and can even give testimony to help your case.
Get Information From the Other Drivers
If you can, try to exchange information with the other drivers involved in the accident, including names, contact details, insurance information, and driver’s license numbers.
However, if the other driver is significantly intoxicated or is unwilling to cooperate, leave information gathering to the police. The officers can get all these details from the other driver, and you or your lawyer can obtain this information later.
Keep Records and Bills
You need proof of the expenses and losses you incurred from the drunk driving accident if you want to collect as much money as possible. That is why keeping receipts, bills, and records associated with your drunk driving crash is important, as your lawyer can use these documents to prove the extent of your damages and losses and help you pursue maximum compensation.
However, it is important to note that if you wait too long to get some of these documents, such as your medical records, the records can potentially get lost, and the process of obtaining them can become more challenging.
Get Medical Treatment ASAP
Even if you do not require emergency medical treatment following the drunk driving accident, you should still get to a doctor as soon as possible to ensure you do not have any serious injuries that have not yet appeared, such as brain trauma, which can take days for symptoms to show.
In addition, getting this medical treatment may also have significant implications on your legal claim since not getting this care can provide the insurance company with the opportunity to argue that your injuries are not that severe or possibly the result of a subsequent event, such as a pre-existing condition.
Thankfully, when you get to a doctor after your drunk driving accident, your medical provider can provide you with a medical report, which can serve as a direct link between the injuries you endured and your drunk driving accident.
Watch What You Say to Others
Even if it is obvious that a drunk driver caused your accident, you have to be careful what you say to others at the scene. This means you want to avoid taking any of the blame for any part of the accident or making any definitive statements without the presence of your attorney. These types of comments can come back later to hurt your case and the amount of compensation you can recover.
8. Why Should You Retain Experienced Legal Counsel Following a Boston Drunk Driving Accident?
Pursuing compensation after a Boston drunk driving crash can present numerous challenges, especially without experienced legal counsel fighting on your behalf.
When you retain a knowledgeable Boston drunk driving accident attorney at Finkelstein & Partners to take on your case, we can:
- Go over your accident, figure out if you have a viable legal claim, and determine what legal options you can pursue.
- Collect the police records that can show the other driver’s level of intoxication.
- Thoroughly investigate the accident and secure evidence needed to show what happened and who was at fault for the accident.
- Bring in experts to validate your claim, such as accident reconstructions, doctors, and financial specialists.
- Negotiate with the insurance company for you.
- Proceed to trial if the other side is unwilling to offer you a fair settlement amount and go after maximum compensation.
Boston Drunk Driving Accident Injury Lawyers
If a Boston drunk driving accident injured you, you may have numerous questions about your legal options. Here, we will go over these concerns, including some of the more frequent questions our clients often have after a Boston drunk driving accident.
Non-commercial drivers over 21 are legally drunk when their blood alcohol level is 0.08 percent or more. On the other hand, commercial vehicle drivers are legally drunk when their blood alcohol content (BAC) is at least 0.04 percent. However, if the driver is under 21, police can arrest them for a DUI of BAC of 0.02 or higher.
Yet, if a drunk driver harmed you, reach out to a Boston drunk driving accident lawyer as soon as possible. These attorneys have the resources and the skills to help prove that the other driver may have been intoxicated at the time of the incident and help you pursue the damages you are entitled to.
Unlike other damages, which compensate a victim for their losses and injuries following a Boston drunk driving accident, punitive damages punish the wrongdoer for their egregious actions and prevent others from committing this act.
However, in Massachusetts, punitive damages are not allowed unless the defendant’s gross negligence or willful or wanton conduct causes another person’s death. As a result, the only way for an individual to recover punitive damages following a drunk driving crash in Boston is if the decedent’s family members bring a wrongful death action against the at-fault party.
The statute of limitations in Massachusetts for most personal injuries is three years, meaning that you will only have three years from the date of the drunk driving accident to file a legal claim. If you do not file your case by this deadline, you cannot pursue compensation for the harm and losses you sustained.
Although this rule may seem unfair, the rationale behind it is it gives wrongful parties a date after which they can stop worrying about whether someone will sue them. However, unfortunately, this regulation does not favor those who delay taking action.
That is why you should not wait to speak with a Boston drunk driving accident lawyer about your drunk driving accident. These experienced attorneys can promptly review what happened, figure out the maximum amount of time you have to file your case, and ensure that all the required legal documents are filed before time runs out.
Because no two drunk driving accidents are the same, there is no set amount when it comes to the worth of a Boston drunk driving accident case.
This is also primarily because many factors affect the value of a case, such as:
- The severity of the injuries sustained
- The medical treatments needed
- The ability to work following the accident
- The degree of the wrongdoer’s culpability
- The dependability of the evidence presented
- The physical and emotional losses sustained from the accident
Fortunately, when you work with a knowledgeable Boston drunk driving accident attorney, these lawyers can figure out which of those factors influence your claim, prepare the strongest case in response to them, and pursue the maximum compensation you are entitled to.
In Massachusetts, if a person causes the death of another by willful, wanton, or reckless actions, they can be held liable for the damages that result. Consequently, if an individual kills another because they decide to get behind the wheel drunk, an executor or administrator of the deceased’s estate can file a wrongful death claim.
If the case is a success, the deceased’s family members, including the spouse, children, and parents, can recover damages for their loved one’s death, such as:
- Income the deceased could have reasonably expected to have earned in their lifetime
- The care, comfort, guidance, and counsel, the deceased could have offered their family members
- Reasonable funeral and burial expenses
- The services, protection, and assistance the deceased could have provided to their survivors
In addition, punitive damages can also be pursued.
Unfortunately, no lawyer can tell you exactly how long it will take for your drunk driving accident case to resolve.
There are just too many questions, elements, and factors that can impact this timeline, including:
- The complexity of the case
- The severity of your injuries
- The size of the claim
- The investigation process
- The amount of time it will take you to reach maximum medical improvement
- The willingness of the insurance company to negotiate with you fairly
It can take cases time to resolve, especially if your attorney decides to take your case to trial. However, the best way to figure out a potential timeline of your case is to reach out to an experienced Boston drunk driving accident attorney who can help you understand the time frame you may be looking at as your case proceeds.
Even though the last thing you want to do after a Boston drunk driving accident is to take action, it is important to realize the things you do in the immediate aftermath of the accident can not only affect your safety but your legal rights as well. For these reasons, following a Boston drunk driving accident, you should:
Call the Police Immediately
After a Boston drunk driving accident, you need to call 911 right away. This is the fastest way to notify emergency medical personnel that you or someone at the scene need immediate medical help and alert the police of the accident. These officers investigate the accident and prepare a report of their findings, which can serve as valuable evidence if you decide to pursue legal action following the crash.
Gather Evidence
If possible, you should try to gather as much evidence as possible from the crash scene. This evidence should include photos and videos of your visible injuries, the cars involved in the accident, their placement on the road, skid marks on the street, and any evidence that can indicate the other driver was drunk driving, such as the motorist’s specific conduct, or even alcohol bottles in the car.
In addition, if other people at the scene saw the accident, get their names and phone numbers. These individuals can often provide you and your lawyer with further helpful details regarding the incident and can even give testimony to help your case.
Get Information From the Other Drivers
If you can, try to exchange information with the other drivers involved in the accident, including names, contact details, insurance information, and driver’s license numbers.
However, if the other driver is significantly intoxicated or is unwilling to cooperate, leave information gathering to the police. The officers can get all these details from the other driver, and you or your lawyer can obtain this information later.
Keep Records and Bills
You need proof of the expenses and losses you incurred from the drunk driving accident if you want to collect as much money as possible. That is why keeping receipts, bills, and records associated with your drunk driving crash is important, as your lawyer can use these documents to prove the extent of your damages and losses and help you pursue maximum compensation.
However, it is important to note that if you wait too long to get some of these documents, such as your medical records, the records can potentially get lost, and the process of obtaining them can become more challenging.
Get Medical Treatment ASAP
Even if you do not require emergency medical treatment following the drunk driving accident, you should still get to a doctor as soon as possible to ensure you do not have any serious injuries that have not yet appeared, such as brain trauma, which can take days for symptoms to show.
In addition, getting this medical treatment may also have significant implications on your legal claim since not getting this care can provide the insurance company with the opportunity to argue that your injuries are not that severe or possibly the result of a subsequent event, such as a pre-existing condition.
Thankfully, when you get to a doctor after your drunk driving accident, your medical provider can provide you with a medical report, which can serve as a direct link between the injuries you endured and your drunk driving accident.
Watch What You Say to Others
Even if it is obvious that a drunk driver caused your accident, you have to be careful what you say to others at the scene. This means you want to avoid taking any of the blame for any part of the accident or making any definitive statements without the presence of your attorney. These types of comments can come back later to hurt your case and the amount of compensation you can recover.
Pursuing compensation after a Boston drunk driving crash can present numerous challenges, especially without experienced legal counsel fighting on your behalf.
When you retain a knowledgeable Boston drunk driving accident attorney at Finkelstein & Partners to take on your case, we can:
- Go over your accident, figure out if you have a viable legal claim, and determine what legal options you can pursue.
- Collect the police records that can show the other driver’s level of intoxication.
- Thoroughly investigate the accident and secure evidence needed to show what happened and who was at fault for the accident.
- Bring in experts to validate your claim, such as accident reconstructions, doctors, and financial specialists.
- Negotiate with the insurance company for you.
- Proceed to trial if the other side is unwilling to offer you a fair settlement amount and go after maximum compensation.
If you or a loved one suffered harm in a Boston drunk driving accident, you may recover significant financial compensation. Contact Finkelstein & Partners online or call us at (877) 472-3061 for a free consultation with a member of our team.