What Should I Do if I Am in a Car Accident With a Drunk Driver in Massachusetts?

Many drivers wonder, “What should I do if I am in a car accident with a drunk driver in Massachusetts?” It is a question that many hope they never face. However, the news and statistics demonstrate that drunk driving accidents are bound to continue. Fortunately, accident victims can take certain steps that can be very beneficial in both the short and long term.

Safety First

After any type of car accident, safety is the No. 1 concern. The occupants of the vehicles involved in a drunk driving crash are at a high risk of being in a second accident if they remain in the path of oncoming traffic. When possible, car accident victims should move themselves and their vehicles to a safe place.

Accident victims are also strongly encouraged to seek medical attention when injured. Even the smallest injury can be worse than it seems. A medical exam helps prevent injuries from further development and establishes a record of the harm.

Call the Police

In accidents involving injuries, death, or more than $1,000 in damage, accident participants must file a Motor Vehicle Crash Operator Report. Calling a police officer should fulfill this requirement as well as address the other driver’s intoxication.

When an officer suspects intoxication, they will use one or more tests to confirm their suspicions. The facts and results of these tests can be used in criminal and civil cases.

In no case should you negotiate with an intoxicated driver about taking a cash payment instead of calling the police. Doing so can lead to criminal charges and could negatively impact any claims you may have that arise due to unnoticed injuries.

Be Mindful of the Evidence

Evidence is the foundation of all compensation claims, and evidence collected just after a drunk driving crash is often the most powerful. Many types of proof of intoxication may be present and should be gathered, observed, photographed, or recorded. They include:

• Acts of intoxication, including slurring and stumbling;
• Open alcohol containers; and
• The smell of alcohol on the driver or in the vehicle.

You should also take general photos and video footage of the accident scene, being careful to document as many angles of the wreck and damage as possible. However, never risk exacerbating an injury or putting yourself in danger to collect evidence.

Consider speaking with witnesses if any are around. Gather their contact information as well as an initial statement regarding the wreck. Witness statements gathered at the time of an accident are typically more trustworthy than statements gathered later.

Exchange Information

After a wreck with a drunk driver, you will want to exchange basic contact and insurance information with them. In cases where the driver is unable to exchange info (e.g., the driver fled, was overly intoxicated, or was seriously injured), gather as much basic information as you can, such as:

• The vehicle’s license plate number;
• The vehicle’s model and make;
• The vehicle’s VIN; and
• Photograph of license of driver of the vehicle that caused the accident

Eventually, your attorney can track down the information they need from these basic data points.

Be Careful of What You Say

When speaking with people at the scene of an accident, it is important to be careful with your words. What you say may end up as part of the record and be taken for fact, even though it may have been an exaggeration or error.

Reconsider apologizing. It is not uncommon in Massachusetts and other states for a person to apologize after an accident even when they were not at fault. A simple apology on the scene could end up hurting your case down the line. The same holds true for passengers in your vehicle.

Contact an Attorney Promptly

If your losses from a drunk driving accident require compensation, you should seek the services of an experienced car accident attorney as soon as possible after being injured. Your attorney’s main objective is maximum compensation for your losses. They will understand how much your claim is worth by calculating your damages.

In drunk driving cases causing serious injuries, damages may include compensation for:

• Medical treatment for your injuries, including hospital stays;
• Any income you have lost as a result of the accident, including future income;
• Hiring home care workers to complete basic household tasks;
• Physical Therapy and Chiropractic care;
• Purchases of medical devices and equipment;
• Pain and suffering;
• Mental and emotional distress;
• Loss of enjoyment of life;
• Loss of consortium; and
• Disfigurement and scarring.

When a fatality occurs, the victim’s family can potentially receive compensation through a wrongful death suit filed by the decedent’s executor. Punitive damages, which are intended to punish and deter, may also be available in drunk driving cases.

Proving Liability

You will need an attorney to help you prove liability before you may collect damages. The evidence you are able to gather at the scene will be helpful. Video of a stumbling driver can go a long way. However, more investigation will be necessary as youhave to show the drunk driver broke the rules of the road.

Evidence of intoxication is but a piece of the puzzle. Your lawyer must also demonstrate that the intoxication was an impairment that actually led to the accident through inattention, speeding, violating traffic laws and other rules of the road.

Get Help From an Experienced Car Accident Attorney

If you are wondering, “What should I do if I am in a car accident with a drunk driver in Massachusetts?” The answer may very well be to seek compensation. Drunk drivers deserve to pay for every dollar of damages they cause and sometimes more. Cava Law Firm can help you hold a drunk driver accountable for the losses they have forced you to experience.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]