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Collisions Caused by Drunk Drivers Provide Possible Alternative for Recovery

Posted on October 31, 2017
by David P. McCormack

David P. McCormack
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According to the National Highway Traffic Safety Administration, each day 28 people die in the United States in alcohol-related vehicle crashes – 10,265 deaths in 2015 and an average of more than 10,000 per year since 2006. Combined, alcohol-related motor vehicle fatalities cost more than $50 billion annually.

A recent article published by the Patriot Ledger titled “After drunken, drugged driving crashes, surviving victims face uphill battle” looks at the difficulties faced by three victims of alcohol-related motor vehicle incidents and describes the hardships they endured while attempting to seek the legally available remedies. Often, as in the cases discussed in the Patriot Ledger, the personal bodily injury liability coverage held by drunk drivers falls far short of compensating victims for the injuries they suffer as a result of accidents.

Fortunately, there is a potential second avenue for recovery under the law. Massachusetts General Laws, Chapter 138, §69 reads “No alcoholic beverage shall be sold or delivered…to an intoxicated person.” Thanks to this statute, in some circumstances, bars and restaurants can be held liable for injuries caused by patrons who were served while intoxicated. Unlike personal motor vehicle insurance polices, restaurants and bars typically have higher insurance limits, opening the door to more just compensation for victims injured as a result of drunk driving. While holding a bar liable for injuries caused by a patron to a third party presents complex legal issues, SUGARMAN’s personal injury attorneys have extensive experience in this area and can guide you through your case.

If you have suffered injuries at the fault of another, SUGARMAN’s personal injury lawyers can help.  To learn more about bringing a claim, call us at 617-542-1000, email info@sugarman.com, or fill out a Contact Form.