Drunk Driving Accidents
Getting behind the wheel while drunk is not only dangerous for the driver but also risky for everyone else on the road. Being injured by a drunk driver can have devastating consequences for a person’s life. If you or someone close to you has been involved in a drunk driving accident, we are here to help. Plymouth County drunk driving accident lawyer Michael S. Mehrmann knows how to seek the financial assistance that you need to get your life back on track. Based in Kingston, he also represents families who need to bring a wrongful death claim after a fatal car accident caused by an intoxicated driver.Claims Based on Drunk Driving Accidents
Drunk driving is a serious problem across the United States, and Massachusetts is no exception. Data from the Centers for Disease Control (CDC) reveal that 28 people in the United States die each day in motor vehicle crashes that involve an alcohol-impaired driver. The CDC also found that 1,370 people were killed in crashes involving a drunk driver in Massachusetts between 2003 and 2012. Approximately 2.2 percent of adults report driving after drinking too much in Massachusetts, a figure higher than the 1.9 percent of adults who report driving after drinking too much nationally.
In Massachusetts, drivers with a blood alcohol concentration (BAC) of 0.08 percent or higher are considered alcohol-impaired by law. The BAC limit varies depending on the driver’s age and occupation. If you are a commercial driver, the legal limit is 0.04 percent, whereas if you are under the age of 21, the legal limit is 0.02 percent.
If you were injured in a car crash caused by a drunk driver, you may be able to obtain compensation for your harm through a negligence claim. Negligence is a failure to exercise reasonable care behind the wheel that leads to an injury or death. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. To establish negligence, a drunk driving accident attorney in Plymouth County must demonstrate the following elements by a preponderance of the evidence:
- The drunk driver owed the plaintiff a duty of care;
- The drunk driver breached this duty of care by operating a motor vehicle while intoxicated (i.e., with a BAC of 0.08% or higher unless one of the lower limits applies);
- The driver’s intoxication was a direct and proximate cause of the accident; and
- The plaintiff suffered certain injuries and losses.
If liability is established under Massachusetts law, an injured victim may be able to seek a variety of damages, including compensation for medical bills, rehabilitation costs, lost income, and pain and suffering, as well as property damage. If you have lost a loved one in a drunk driving accident, you may be able to recover wrongful death damages, such as funeral costs, medical expenses, loss of consortium, loss of companionship, and more.
Massachusetts allows plaintiffs three years from the date of an accident to file a negligence claim against the at-fault party in a civil court. The state statute of limitations for a wrongful death claim is also three years. If you do not file within this legal deadline, you risk losing your right to take legal action altogether.Discuss Your Case with a Plymouth County Drunk Driving Accident Attorney
If you are a victim of a drunk driving accident, it is important to reach out to an attorney who can assess the facts of your case. At the Law Offices of Michael S. Mehrmann, we are committed to holding negligent drivers accountable for the injuries that they inflict. You can rest assured that we will work diligently to secure the compensation that you are entitled to obtain for your recovery. We are here to guard your legal rights and address your concerns at every step of the way. We proudly represent victims of drunk and distracted drivers in Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury. To learn more about your legal rights and options from a drunk driving accident lawyer in Plymouth County, call (781) 585-3911 or contact us online.