Quincy Drunk Driving Accident Lawyer

Comprehensive Legal Support Across Norfolk County 

When a driver has too much to drink before getting on the road, it can have devastating effects on the general public. In Massachusetts, a driver that has more than .08% blood alcohol content is not legally allowed to operate a vehicle because of their increased impairment. Those who have more than the legal limit of alcohol in their bloodstream may experience symptoms like: blurred vision, decreased reaction times, and even blackouts, which can easily lead to serious accidents.

The victims of these accidents caused by a drunk driver have the right to pursue compensation, as the impaired driver should have had the foresight to make other transportation arrangements before they started drinking. If you or a loved one has been injured in a drunk driving accident, then a Quincy accident lawyer from Flanagan & Associates can help protect your rights. We have extensive experience in dealing with all types of car accident cases and we can help you win compensation from the person responsible for your damages!

Injured by a Drunk Driver? Contact Us Today!
Don’t let a drunk driver’s negligence go unanswered. You deserve compensation for your injuries, lost wages, and suffering. Contact us now for a free consultation at (781) 332-4344 and let us fight for you!

How Can I Prove that the Other Driver Was Drunk?

If you suspect that the other driver was drunk, then you should do all you can to prove this to the courts and the insurance companies involved. Immediately following an accident, you should make sure that the police are on the scene. They will be able to take the necessary steps to test the other driver to see if he or she was above the legal limit. The police can also take a detailed report about the circumstances surrounding the accident. If there were any witnesses, you should make sure to get their contact information so they can provide statements or depositions, if necessary.

To document any medical issues, you should contact a doctor right away. You will need to fully understand the type of injury you are facing as well as the amount that you paid for any medical attention. Lastly, contact your insurance provider with your own report of what happened. If you are unable to contact the necessary people, then ask a friend or family member to take care of these for you.

Along with your Quincy personal injury attorney, you can then try to prove the following:

• The defendant had above .08% BAC
• The defendant's judgment was impaired to the point that he couldn't safely operate a vehicle
• The defendant endangered public safety

By showing that the driver did one or more of these things, you will have a better chance of winning your case. A lawyer from our firm can help you make sure that you have the necessary components for a solid case.

Understanding Massachusetts Dram Shop Laws

According to Massachusetts General Law Chapter 138 §69, any bar or restaurant is prohibited from selling alcohol to an already intoxicated person. This means that a bar or restaurant may be held liable for a drunk driving accident if they knowingly or recklessly kept giving the driver more to drink when they were visibly intoxicated.

The victims of drunk driving accidents may ask their lawyer to investigate the establishment at which the person was drinking before they left. Their legal counsel would then inspect alcohol procedures of the business, as well as the training of the staff. If there were any employees or witnesses that were involved with the defendant, then the lawyer could ask for statements from them. Many bars will try to say that they couldn't tell that the individual was intoxicated, so witnesses are especially important in this type of case. If the establishment is found to be negligent, then they could be responsible for compensating the victim.

Types of Compensation Available for Victims

If you’ve been injured in a drunk driving accident, you may be entitled to financial compensation. The damages you can recover depend on the severity of your injuries and other losses.

• Medical Expenses – Covers hospital bills, surgeries, medication, physical therapy, and any ongoing medical care needed due to the accident.
• Lost Wages & Reduced Earning Capacity – If your injuries prevent you from working temporarily or permanently, you can seek compensation for lost income and future earnings.
• Pain & Suffering – Includes compensation for physical pain, emotional distress, and the overall impact the accident has had on your life.
• Property Damage – Covers the cost of repairing or replacing your vehicle and any other damaged personal property.
• Punitive Damages – In extreme cases, the court may award additional damages to punish the drunk driver and discourage similar behavior.

What to Do Immediately After a Drunk Driving Accident

Taking the right steps after an accident can help protect your health and legal rights.

• Call 911 & Seek Medical Attention – Even if you feel fine, injuries can appear later. A medical report will also serve as crucial evidence.
• Gather Evidence – Take photos of the scene, vehicle damage, and any visible injuries. Collect witness contact information.
• Obtain a Police Report – The police will document the accident and test the other driver’s sobriety, which can be key to proving fault.
• Avoid Speaking to the At-Fault Driver’s Insurance Company – Insurance adjusters may try to minimize your claim. Speak to a lawyer first.

Criminal vs. Civil Cases in Drunk Driving Accidents

Drunk driving accidents often lead to both criminal and civil cases.

• How a DUI Charge Affects a Civil Lawsuit – A DUI conviction can strengthen your personal injury case, as it proves the driver was intoxicated.
• Punitive Damages in Civil Cases – If the driver was reckless, the court may award additional damages to punish them.
• Using a Conviction as Evidence – If the at-fault driver is convicted of DUI, this can serve as strong proof in your civil lawsuit, making it easier to win compensation.

Frequently Asked Questions (FAQ) About Drunk Driving Accidents

Can I still file a claim if the drunk driver wasn’t convicted of DUI?

• Yes. A criminal conviction can help support your case, but it is not required for a civil lawsuit. In a personal injury claim, you only need to prove that the driver was negligent and caused your injuries. Even if the driver wasn’t charged or convicted, evidence such as police reports, witness statements, and medical records can help establish liability.

What if I was partially at fault for the accident?

• Massachusetts follows a modified comparative negligence rule, meaning you can still recover damages if you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% responsible for the accident and awarded $100,000, you would receive $80,000 after the reduction. If you are found 51% or more at fault, you cannot recover any damages.

How long do I have to file a claim after a drunk driving accident?

• In Massachusetts, you have three years from the date of a drunk driving accident to file a personal injury lawsuit. Missing this deadline could mean losing your right to compensation. Exceptions may apply, such as for minors or injuries discovered later. Acting quickly is crucial, especially if driver distraction or other negligence played a role. Filing your claim early and gathering evidence can strengthen your case.

Can I sue a bar or restaurant that served the drunk driver?

• Yes, under Massachusetts Dram Shop Laws (Mass. Gen. Laws ch. 138, § 69), an establishment can be held liable if they knowingly served alcohol to an already intoxicated person who later caused an accident. To prove liability, your lawyer may investigate surveillance footage, employee training records, and witness testimony.

What if the drunk driver was uninsured or underinsured?

If the at-fault driver does not have insurance or has insufficient coverage, you may still be able to recover compensation through:

• Your own uninsured/underinsured motorist (UM/UIM) coverage, which is included in many Massachusetts auto policies.
• A personal injury lawsuit against the driver (though collecting damages may be difficult if they lack assets).
• Dram shop liability if a bar or restaurant was responsible for overserving the driver.

Contact a Quincy Car Accident Lawyer for Help

Drunk driving accidents can often be difficult to prove because of the medical testing involved. It is important that you act quickly to make absolutely certain that a driver was intoxicated. Chemical tests need to be run immediately after the accident to prove that the driver's BAC was above .08% at the time of the accident.

To ensure that you have a knowledgeable lawyer on your side, get counsel from Flanagan & Associates. We have the experience you need on your side! For victims who are interested in retaining our services, we offer a free consultation because you are our top priority. We will do everything we can to make sure that you are compensated by the drunk driver or the establishment that allowed the guilty party to become so intoxicated.

Get Legal Help Now – Call for a Free Case Review!
Time is limited to file a claim, so don’t wait. Contact us at (781) 332-4344 to speak with an experienced Quincy accident lawyer. We’re ready to help you get the justice you deserve!