A drunk driving crash is never an accident — it is the result of a choice. In Massachusetts, victims of impaired drivers have strong civil remedies that are entirely separate from the criminal OUI case, and those remedies can include claims against the bar or business that over-served the driver.
Civil Claims Are Separate From the Criminal Case
When a drunk driver injures you, the Commonwealth may prosecute them for operating under the influence (OUI). But the criminal case is about punishment, not your recovery. Your civil claim is a separate matter that pursues compensation for your medical bills, lost income, and pain and suffering. You do not have to wait for the criminal case to conclude, and a conviction is not required to win your civil claim.
Because driving drunk is such a clear breach of the duty of care, a drunk driving crash often presents strong liability. Evidence of impairment — breath tests, field sobriety results, and the criminal charge itself — can powerfully support your civil claim.
Dram Shop Liability in Massachusetts
Massachusetts recognizes 'dram shop' liability, meaning a bar, restaurant, or other establishment that negligently serves alcohol to a visibly intoxicated person can be held responsible if that person then causes a crash. Social hosts who serve alcohol to intoxicated guests may also bear responsibility in certain circumstances. These additional sources of liability can be critical when the drunk driver lacks adequate insurance.
Proving a dram shop claim requires evidence — receipts, surveillance video, server testimony, and witness accounts — that can disappear quickly. Acting fast to preserve this evidence is essential.
Enhanced Damages and Full Compensation
Victims of drunk driving crashes may recover all the usual categories of damages: past and future medical expenses, lost wages and earning capacity, and pain and suffering. Because impaired driving is so reckless, these cases can also support claims for additional damages in egregious circumstances. When a crash is fatal, surviving family members may bring a wrongful death claim.
Protecting Your Rights After an OUI Crash
Seek medical care immediately and preserve all records. Make sure the police document the driver's impairment. Identify where the driver had been drinking, as that may support a dram shop claim. Avoid discussing your case with the at-fault insurer, and consult an attorney promptly. Massachusetts generally allows three years to file a civil lawsuit.
Frequently Asked Questions
Yes. Your civil claim for compensation is separate from the criminal OUI case and can proceed independently. A criminal conviction is not required to win your civil claim.
Possibly. Massachusetts recognizes dram shop liability, so a business that negligently served a visibly intoxicated person who then caused your crash may be held responsible.
Generally three years from the date of the crash under Massachusetts law.
Nothing upfront. Our network attorneys work on contingency — no fee unless they recover compensation for you.
Injured in Massachusetts? Your free case review is one call away. Reach us at 973-566-5599 — available 24/7, no fee unless you win.