Drunk Driving Accidents
Al Goodman Focuses on Drunk Driving Accidents
Drunk driving is a significant cause of auto accidents in the United States. The statistics are staggering: On average, over a 10 year period from 2013-2022, about 11,000 people died every year in drunk driving crashes, accounting for 30% of all traffic-related deaths in the United States. This equates to one death every 45 minutes due to drunk driving. And each year, about 300,000 people are injured in drunk driving accidents. While the criminal law and the courts deal with the criminal responsibility of the drunk driver, the task of the civil lawyer is helping to put back together broken families and broken lives, to dig beneath the apparent facts and find out who served the driver such copious amounts of alcohol when they knew or should have known they were already intoxicated.
With over forty years of experience in handling drunk driving lawsuits, attorney Alan Goodman and A Good Law Firm, know how to secure justice, get accountability, and fix responsibility when a drunk driver causes serious bodily injury or wrongful death to an innocent third party in auto crashes in Massachusetts. In 1984, attorney Alan Goodman won a landmark case against the town of Ware, Massachusetts, with a $873,000 jury verdict making new law in Irwin vs. Town of Ware, 392 Mass. 745, 1984. The case was followed around the country and hailed by Mothers Against Drunk Drivers (MADD) as a lynchpin in their goal to cut down on drunk driving deaths.
If you or a loved one has suffered serious injuries or wrongful death due to a drunk driver, attorney Alan Goodman and A Good Law Firm, are ready to work hard, fight for you and get the results you deserve. Call A Good Law Firm and get your drunk driving accident case started today.
What steps should I take after I, or a loved one, has been injured by a drunk driver?
The first thing that should be done if you, or a loved one, is injured by a drunk driver is to seek immediate medical attention and to notify the police of the accident. After, you may be able to seek compensation for your damages through a personal injury lawsuit. Make sure you take pictures of the automobile(s) involved, the scene of the crash, and your injuries. If it involves a death, request an autopsy. Later get copies of the certified death certificate and full autopsy report. A personal representative of the estate will have to be appointed by the Probate and Family Court to give you legal authority to move forward with your claim and ultimately sign a release to settle.
Can you sue if you get hit by a drunk driver?
Yes, you can sue if you get hit by a drunk driver and seek compensation for your damages. Also, in some cases, the drunk driver may not be the only liable party. If he or she was over-served by a bar, club or restaurant you could potentially file a claim against the business. Suit may be necessary in order to use pre-trial discovery requests to gather evidence and take depositions of witnesses and police.
Massachusetts Dram Shop Laws
In Massachusetts, Dram Shop Laws aim to prevent alcohol-related harm by holding the providers of alcohol accountable. For example, a bar, restaurant, or club can be held accountable if they serve alcohol to someone who is visibly intoxicated or to a minor, and that person goes on to cause injury or wrongful death as a result of their intoxication.
Victims of accidents involving intoxicated individuals such as, in drunk driving accidents, may seek compensation under these laws by proving that the alcohol provider’s actions contributed to their harm. If the drunk driver is a minor, under age 21, and was served alcohol by a business, the liability of the bar, club or restaurant is much stiffer for serving a minor and potentially easier to prove they violated Massachusetts law.
Oftentimes, witnesses are available to prove that the drunk driver was already intoxicated when they were served their last drink at a bar, restaurant or club. The Massachusetts Law (General Law - Part I, Title XX, Chapter 138, Section 69) requires the business to maintain at least $250,000 in liability insurance to cover auto crashes caused by intoxicated drivers that they serve alcohol and liquor to before the crash.
Contact a personal injury lawyer as soon as possible in order that vital evidence can be preserved, discovered, witness statements taken and a "Letter of Spoliation" notice sent to the bar, club or restaurant putting them on notice of the potential suit and to preserve all documentary, photographic and video evidence.
In bringing a lawsuit against the bar, restaurant or club that overserved the patron, the lawyer must obtain an expert opinion letter from a forensic toxicologist that shows the potential to prove in court that the server(s) of alcohol knew or should have known that the patron was obviously intoxicated at the time they served them their last drink. Attorney Alan Goodman will file suit and find out if the bartenders, waitstaff and servers followed standard "TIPS" Procedure for alcohol service and training.
In serious injury and wrongful death cases involving businesses that overserved their customer, Attorney Alan Goodman will sometimes have to retain an economist, vocational rehab counselor, and a life-careplanner to paint the entire picture of permanent injury, disability, lost future earnings, and the devastating effect of the injuries or loss of life on not only the innocent victim, but also the family. Wrongful death will involve conscious pain and suffering and other elements of damages. Serious permanent injuries for a legally married person also contains a companion case or claim for loss of consortium. Do not delay in contacting Attorney Alan Goodman if you have information or knowledge that the crash involved a drunk driver.
What damages could be recovered in drunk driving accident cases?
When you file a drunk driving accident claim, you can seek economic and non-economic damages, not criminal penalties against the drunk driver or another party who served alcohol to the driver. You are entitled to file a separate civil lawsuit, regardless of whether criminal proceedings occur or not. Depending on the specifics of your case, you should be entitled to recover compensation for the following damages:
Emergency medical care
Ambulance fees
Hospital/emergency room fees
All medical treatment related to the accident
Ongoing and future medical treatment
Rehabilitative therapy
Medications and medical equipment/devices
Lost income/wages
Lost future earnings
In-home care costs
Cost to repair or replace the victim’s vehicle or other property damaged in the accident
Counseling services
Pain and suffering
Emotional trauma and distress
Anxiety, depression, post-traumatic stress disorder, etc
Funeral/burial expense (in wrongful death cases)
Understanding the legal process for drunk driving accident cases
Being involved in a drunk driving accident is a traumatic experience, but it’s important to understand the legal process for seeking the compensation and justice you deserve. Attorney Alan Goodman and A Good Law Firm can guide you through each step of the legal process and help you understand your rights.
The main aspects of the legal process for drunk driving accident cases include:
Evidence collection and preservation
Negotiating with insurance companies
Filing a personal injury lawsuit
Potential trial proceedings
Recovering economic and non-economic damages
How is fault determined in a drunk driving accident case in Massachusetts
In Massachusetts, determining fault in a drunk driving accident case involves a thorough investigation by law enforcement, insurance companies, and possibly the courts. Intoxication plays a critical role in determining fault. If the driver was under the influence of alcohol or drugs at the time of the accident, this can be a significant factor in proving negligence. The legal limit of alcohol level allowed in most states, including Massachusetts, is .08 BAC. Obviously intoxicated would require a much higher level. Attorney Alan Goodman routinely retains a forensic toxicologist to review the blood alcohol test results and report on the wrongdoer’s level of intoxication when served their last drink.
The police sometimes perform a breathalyzer test at the scene of a crash on the drivers. However, more accurate readings come from the state police blood alcohol lab, testing blood samples drawn from the drunk driver who caused the crash, and hospitals usually draw blood in regular treatment of crash victims as part of their complete blood count (CBC) and report the results in the records as a serum blood alcohol.
Could a criminal conviction help your personal injury claim?
If the Drunk Driver is charged criminally, this could make your case stronger if the DA's office prosecutes the case through a full trial and does not accept a plea deal. Unfortunately, because of court backlogs and overworked prosecutors, seldom do they try the case before a jury. A plea deal does not help your case, it only serves to delay the release of any information the police have collected. Your attorney cannot subpoena the prosecutor's file if the criminal case has not ended. They could take two years
to finish it even with a plea deal. Nonetheless, it is important for you and your family to cooperate fully with the Victim Witness Advocate assigned to you and your case. You might be entitled to up to $25,000 from the Victim of Violent Crimes fund. However, there are so many hurdles to overcome in getting that money from the state, that very few victims are ever able to collect the money, and all of their lost wages and medical expenses have or will be paid by insurance.
Once the drunk driver has been sentenced, we can apply through your lawsuit for a court order to inspect the Criminal Record Offender Information (CORI) on file about the defendant. This can be introduced in evidence if your case goes to trial against the bar, restaurant or club for overserving the drunk driver.
Attorney Alan Goodman uses all legal tools in making sure that he leaves no stone unturned in his quest to get you full justice, 100% compensation for your injuries and losses, and hold the wrongdoers accountable and responsible.
In cases of wrongful death, overservice of alcohol that causes death may give rise to punitive damages recovery in a lawsuit.
Drunk Driving Accidents Case Results
Drunk Driving Accidents in Western Massachusetts
Attorney Alan Goodman serves the following communities in Western Massachusetts. If you need a drunk driving accidents lawyer in Western Massachusetts, better call Al!
Springfield
Chicopee
Westfield
Holyoke
Northampton
Amherst
Greenfield
Easthampton
Southampton
Longmeadow
East Longmeadow
Wilbraham
Hampden
Palmer
Monson
Brimfield
Ware
Ludlow
Belchertown
Granby
South Hadley
Southwick
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If you or a loved one has been the victim of a drunk driving accident, Al Goodman is here to help. Do not delay in seeking legal representation. He wants to preserve vital information, protect your rights and start investigating. Time is of the essence. Schedule a free consultation today. Se habla Español.