DUI Car Accident Injuries

Drinking and driving is a serious problem throughout the country. According to the National Highway Traffic Safety Administration (NHTSA), more than 12,000 people died in alcohol-related crashes in 2023. That’s about one death every 42 minutes. Close to home, the news is just as bad. In the most recent year reported, the New Hampshire Office of Highway Safety (NHOHS) estimated that 73% of traffic fatalities were drug and/or alcohol related. 

In Massachusetts, the percentage is lower, but the impact is still significant. Earlier this summer, NBC10 Boston reported that drug and alcohol related deaths have been on the upswing since 2020, after decades of positive progress.

Liability for Drunk Driving Accidents

If you’ve been injured in an accident with a drunk driver or have lost a loved one to a drunk driving crash you are likely entitled to compensation. However, the law is slightly different in Massachusetts than it is in New Hampshire. 

In both states, a driver who is negligent is typically responsible for the damage they cause. And, in both states, evidence that the driver who hit you was impaired by drugs or alcohol at the time of the crash can help prove your case. Here’s how they differ: 

Ordinary Negligence in Massachusetts

In Massachusetts, a drunk driving injury case is similar to any other case involving a negligent driver. The injured party must prove that: 

• The other driver had a responsibility to them
• They breached (didn’t live up to) that responsibility
• That failure to live up to their responsibility caused or contributed to the accident
• The victim sustained damages as a result

In a drunk driving accident, the fact that the other driver was under the influence at the time of the crash can be used as evidence of negligence. 

Negligence Per Se in New Hampshire

New Hampshire recognizes the doctrine of negligence per se in drunk driving cases. Negligence per se applies when: 

• The defendant violated a safety-related statute
• The purpose of the statute was to prevent the type of harm that occurred in your case
• The violation (in this case, driving drunk) caused the damages

In simple terms, that means that a driver who was drunk at the time of the accident is presumed to have been negligent. However, it will still be up to the injured person to show the link between the violation and the injuries.

Drunk Driving Injury Cases and DUI Charges

Often, a drunk driver involved in an accident will be charged with driving under the influence. The outcome of a criminal DUI case can have a positive impact on your case–that is, a DUI conviction can make it easier to prove liability in your case. However, the opposite is not true. A DUI acquittal doesn’t prevent you from pursuing damages in civil court. 

That’s because the burden of proof is higher in a criminal case than in a civil case. If the defendant is convicted, the higher burden of proof has already been met, and the conviction can be introduced as evidence that the driver was operating under the influence. If the driver is acquitted, that only means that the judge or jury didn’t think the prosecution proved its case “beyond a reasonable doubt.” In a personal injury case, you don’t have to meet that burden–you only have to show that it is more likely than not that the defendant was negligent and that their negligence caused your injuries.

Pursuing Damages after a DUI Accident

Filing a Claim for Damages

The most common scenario after a DUI accident is that the injured party will file a claim for damages with the driver’s insurance carrier. It’s usually best to talk to an experienced car accident lawyer before filing that claim. The insurance company representative has a job to do, and that job isn’t to help you–it’s to save the company money. While relatively small claims may sometimes be resolved without much contention, any case involving serious injuries or ongoing medical care can involve a fight. Or, worse, the insurance carrier may mislead the injured person into taking a settlement and waiving their rights before they really know the full extent of their damages. 

What if the Drunk Driver Who Hit You Didn’t Have Insurance?

Massachusetts and New Hampshire law differ on auto insurance requirements. Still, both states have uninsured drivers on the road. A drunk driver may not have insurance for various reasons, including the possibility that their driver’s license has already been suspended or revoked. 

If you have uninsured motorist coverage, that coverage can fill the gap. However, you shouldn’t assume that the path to fair compensation will be easier just because you’re dealing with your own insurance carrier. The incentives to minimize the amount they pay out to you are the same. 

Get Help with Your DUI Accident Claim Now

Attorney Kevin P. Broderick has been helping victims of car accidents and other negligence-related injuries for decades. He works with people who have been injured by drunk drivers in both Massachusetts and New Hampshire. 

If you’ve been injured in an accident involving an a drunk driver, or lost a loved one in any type of motor vehicle accident, you can schedule a free consultation right now. Just call 978-459-3085 or fill out the quick contact form on this site.