According to a recent news article from The Newburyport Press, a Massachusetts man was arrested on a drunk driving charge following a serious accident involving a semi tractor-trailer. The accident occurred around noon on Interstate 95.
When they arrived at the suspect’s vehicle, it was severely damaged and was missing a considerable amount of parts. Surprisingly, the suspect was not injured in the crash. Troopers quickly determined there were “indicators” that he was driving while impaired and placed him under arrest for leaving the scene of an accident with property damage (hit-and-run), second offense drunk driving, and he was cited for various other moving violations. It is important to understand that his arrest is not a conviction, and he is presumed innocent unless and until he is found guilty in a court of law by a judge or jury beyond a reasonable doubt.
As our Boston drunk driving accident lawyers have seen in far too many cases, people will often flee the scene when they are drunk and cause a serious accident with property damage, personal injury, or both. The reason for this is they believe that if they are caught while drunk, they will be arrested, and the trouble they get in will be much worse. While this is possibly true, the reality of the situation is that many hit-and-run and drunk drivers are caught and then they are charged with leaving the scene of an accident involving personal injury in addition to whatever other criminal charges they may be facing.
However, the question you may be asking is what happens if the suspected drunk driver is not found. In this case, it would seem like you do not have a defendant to sue and therefore cannot recover for your loss as a result of the drunk driving accident of which you are victim. Fortunately, the law in Massachusetts provides that whenever a car insurance company sells a policy to a driver, they must also include an uninsured or underinsured motorist policy (UM/UIM). This policy allows you to use your own car insurance to cover the damages caused by a hit-and-run driver, since they are treated like an uninsured motorist. However, your attorney may still have to fight for your right to benefits, since they will treat you like any other claimant despite the fact that you are a customer.
If you or someone you love has been injured a Boston drunk driving accident, call for a free and confidential appointment at (617) 777-7777.
Additional Resources:
Police: Merrimac man drives on three wheels, leaves ‘debris field’ after crash, February 3, 2017, By Angeljean Chiaramida, Newburyport News
More Blog Entries:
Bruins Star Ray Bourque Arrested for Drunk Driving After Car Accident, July 5, 2016, Boston Drunk Driving Injury Lawyer Blog