When a drunk driver causes and accident in Massachusetts, the accident victim not only has an opportunity to file a personal injury lawsuit against the drunk driver, but also the bar, restaurant or tavern where the driver was served.
That’s because under the Commonwealth’s dram shop laws, third parties can be held liable for accidents and caused by drunk drivers who were negligently over-served. Additionally, individuals can also be held liable under the state’s social host laws.
Drunk driving accidents are far more common than we’d like them to be in the Boston area. All too often, the accidents lead to serious injuries or death.
A Boston Globe delivery truck driver is lucky to be alive after being run off the road by an alleged drunk driver. The accident occurred early Monday morning on Interstate 93 when a sedan struck the truck from behind and pushed it over a guard rail.
The delivery truck plunged 40 feet and landed on an Exit ramp below. Officials say it is miraculous that the driver of the delivery truck wasn’t killed in the accident. Additionally, it was lucky that no one else on the highway at the time was injured in the accident.
The female driver of the sedan has been charged with negligent operation of a motor vehicle, operating under the influence of alcohol and operating under the influence of alcohol causing serious bodily injury She has pleaded not guilty.
In addition to the criminal charges, it is also possible that the woman could face a personal injury lawsuit brought by the man who was injured. Additionally, an investigation will be needed to find out if the woman had been over-served that night and where.
Source: Boston Globe, “Drunken driving blamed in I-93 accident,” Travis Andersen and Jasper Craven, Aug 5, 2013