What If You Were Injured by a Drunk Driver in MA?

If you’re reading this after being hurt by a drunk driver in Massachusetts, please know our team at Attorneys Jim and Steve Brady & Associates, P.C. truly cares about your recovery and your peace of mind. We understand the stress that comes after a crash, especially when someone’s reckless decision changes your life in an instant.

This blog walks you through your rights, what steps to take, and how our local, family-run law firm can stand by your side while you focus on getting better.

Understanding Drunk Driving Accidents in Massachusetts

In Massachusetts, it’s illegal to drive with a blood alcohol concentration (BAC) at or above 0.08. If someone chooses to get behind the wheel over the limit and causes an accident, you have a clear legal path to hold them accountable. You can see more details on state regulations at Mass.gov’s resource.

Does No-Fault Insurance Block My Claim?

Many clients from Walpole and across Norfolk County worry that "no-fault" rules might block their path. Here is the reality:

  • PIP Coverage: Your own Personal Injury Protection (PIP) covers initial medical bills and lost wages regardless of fault.

  • The Threshold: If your injuries are serious or your expenses exceed the PIP limit, you have the right to pursue a claim against the drunk driver for pain and suffering, future lost income, and more.

At Brady Law, we explain these rules in plain English. We're here to support your recovery and help you pursue the compensation you deserve. Learn more from the official crash reporting guidance or reach out to us for a free case evaluation where we can take a closer look together.

What Compensation Can You Seek?

The impact of a drunk driving accident doesn’t end with your first hospital visit. You may be able to ask for:

  • Medical expenses: From emergency care through long-term rehab.

  • Lost income: Coverage for missed work or setbacks in your earning potential.

  • Pain and suffering: For the physical and emotional toll.

  • Punitive damages: In extreme cases involving gross negligence or fatalities, Massachusetts law may allow for extra financial penalties. This is rare and depends heavily on the specific facts of your case. Review the state laws about liability for more.

We understand that it can feel overwhelming to have your life turned upside down because of someone else’s reckless mistake. We’re here to take care of the legal details during this time so that you can focus on your recovery.

Immediate Steps After a Crash

  1. Call 911: Ensure a police report documents the scene.

  2. Gather Evidence: Take photos and get witness contact information.

  3. Protect Your Words: Avoid speaking to the other driver’s insurance company without an attorney.

  4. Seek Legal Counsel: Speak with a firm familiar with Massachusetts DUI cases.

  5. Keep Appointments: Document how your injuries affect your daily life.

Timing and Eligibility

The Statute of Limitations: You generally have three years from the accident date to file a personal injury claim in Massachusetts. If you wait too long, you lose your right to seek compensation.

Case Seriousness: Massachusetts law allows you to file a claim against the drunk driver if medical bills exceed $2,000 or if the injury involves broken bones, permanent scarring, or long-term limitations. For specifics, visit our Personal Injury Practice page.

Why Choose Brady Law?

Insurance adjusters often offer fast settlements that don't cover long-term costs. At Brady Law, we push back with:

  • Direct Attorney Contact: You work with Jim, Steve, and our hands-on team.

  • Local Roots: Over four decades of experience in Walpole and Norfolk County.

  • Transparent Communication: No pressure, just honest answers.

FAQ: Drunk Driving Accident Claims

Can I claim if I was partly at fault?

Yes. Under Massachusetts comparative negligence rules, you can recover compensation as long as you aren't more responsible than the drunk driver.

What if the driver has no insurance?

Your own "uninsured/underinsured motorist" coverage may provide a path to recovery.

How do I protect my rights?

Avoid social media posts about the crash and let your attorney handle all insurance correspondence.

Contact Us for a Free Evaluation

If you or a family member has been injured by a drunk driver in Massachusetts, let's talk. Our family-run team will listen to your story and outline your next steps — no cost, no obligation. Contact us for a free case evaluation today.

Disclaimer: This blog is provided for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney–client relationship with Attorneys Jim and Steve Brady & Associates, P.C. or any of its attorneys. Every case is different, and the outcome of one matter does not guarantee a similar result in another. If you have been injured or believe you may have a legal claim, you should consult directly with a qualified attorney about your specific situation. Attorneys Jim and Steve Brady & Associates, P.C. expressly disclaims liability for any actions taken or not taken based on the content of this blog.

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