Personal Injury Law

'I was injured in a car accident in Massachusetts that was caused by a drunk driver. What are my rights?

By ChristopherFEarley

If a drunk driver causes a Massachusetts auto accident, the injury victim can bring claims against multiple parties.  Obviously, a claim can be brought against the drunk driver's insurance company.  But, there are also less obvious parties that may be held responsible.  For example, if the drunk driver was over-served at a bar, club, restaurant, or even private party, then a dram shop case may be possible against the establishment, and the people, that over-served the drunk driver.

These cases are very fact-intensive because you need to show that whoever over-served the drunk driver knew or should have known that he/she was visibly intoxicated, and continued to serve that person, before they can be held liable.

Often, many depositions have to be taken in order to establish fault in these cases, apart from the fault of the driver who caused the accident.

Full post as published by Massachusetts Personal Injury Blog on October 20, 2009 (boomark / email).