Articles Posted in Drunk Driving in Massachusetts

When we think of driving under the influence (DUI), we normally think of someone under the influence of alcohol. However, the typical charge in the Commonwealth of Massachusetts is called operating a motor vehicle under the influence (OUI) of intoxicating liquor or drugs. This is because driving while on drugs is just as dangerous as drunk driving and is treated the same way in a civil car accident lawsuit.

To understand the dangers of driving while on drugs, we can look at recent horrific car crash involving a pedestrian death in Washington, DC. According to a recent news article from Fox, a man was driving his SUV when he allegedly sideswiped several vehicles and rear-ended another vehicle before fleeing the scene of the accident.

After fleeing the scene, he allegedly ran into a traffic light pole, which hit a building. He then lost control of his vehicle near the Government Accounting Office (GAO) building and rolled over, landing on a pedestrian and killing him. The car also hit another person in its path, causing serious personal injury.
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Actor Anthony Mackie, who is best known for roles in “Captain America: Winter Soldier”, “Eight Mile” and “The Hurt Locker” was recently convicted of driving under the influence according to a recent report from

According to a recent news report from the Daily Record, New Jersey police arrested two men who were involved in an alleged drunk driving car accident, which they later attempted to cover up. Authorities say one of the two men crashed his BMW earlier in the night after running a stop sign and hitting a guard rail on the opposite side of the road from which he was driving.

After crashing his car, suspect allegedly drove the heavily damaged vehicle home. It belonged to a family member. He then returned to the scene of the accident with another man who police also arrested that night. When officers arrived, they found two men walking in the intersection just before 3:00. Driver was not wearing a shirt. He supposedly told officers his shirt got wet, so he had removed it. The temperature that night was one degree with a severe wind chill.

Police found two mostly-empty five-gallon buckets of water in the backseat of their vehicle. Police say defendants had poured nearly all of the water onto the intersection to create black ice on the road surface, so this would be blamed as the cause of his earlier accident rather than being intoxicated.
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It should come as no surprise that college students tend to drink more heavily and more often than older Americans. With increased drinking also comes increased risk – not only risk with their own safety, but risk involving the safety of others.

According to a recent news article from Mass Live, Amherst police arrested two students for drunk driving (one involving a car accident) in the same night. The first arrested occurred just after 1 a.m. Defendant in this case is alleged to have been driving drunk when he crashed his car into a snow bank and then hit a utility pole. Luckily, in this case, nobody was injured.

However, as one can imagine, driving a car while intoxicated on an icy road could lead to serious personal injury. Even in many single car crashes, innocent victims are often injured. This could be a passenger in the car or a pedestrian.
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According to a recent news report from CBS Boston, a Medford police officer was arrested for operating a motor vehicle under the influence of intoxicating liquor (OUI), negligent operation of a motor vehicle, leaving the scene of an accident with property damage (hit-and-run), failure to stop for police, speeding and a marked lanes violation (weaving).

Authorities say they were notified of a car accident around 11 p.m. A 911 caller told police he was involved in a hit-and-run accident and was following the suspect. Police found a car driving with extensive front-end damage being followed by caller.

When officers tried to stop suspect, he allegedly refuse to stop for a significant amount of time before finally stopping his vehicle at a local school. Police then ordered suspect out of his vehicle, but he initially ignored several exit order commands before finally getting out of his car, according to authorities.
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Drunken driving deaths in Massachusetts are reportedly down significantly, according to the latest report from the National Highway Traffic Safety Administration. In fact, the rate has dropped so sharply, it’s down by almost three times the national average.

The NHTSA indicates of the 326 people killed in motor vehicle accidents in Massachusetts in 2013, there were 118 who lost their lives in alcohol-related crashes. That figure represents a 15 percent drop from 2012, which saw alcohol-related traffic deaths dip by 8.5 percent from the year before that.

As noted by a state lobbyist for Mothers Against Drunk Driving, while that kind of decline is encouraging and welcome, the deaths of 118 people is “nothing to celebrate.”
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A significant element of damages in a wrongful death lawsuit is the element of pre-death pain and suffering. Compared to other elements of damage, such as lost wages and medical expenses, this element can be tough to prove.

Still, it can result in a substantial amount of compensation. Mass. General Laws c. 229-6 allows for recovery of damages for conscious suffering.

Other states grant the same allowance. But in order to prove it, one must show decedent was alive and in pain for a time prior to dying.
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