Boston Injury Attorney Blog

Earlier this week, the Massachusetts Supreme Judicial Court ruled that teenagers in Massachusetts who host underage drinking parties, but don't supply alcohol, cannot be held liable in a subsequent civil lawsuit for injuries sustained by a person at the gathering.

According to Justice Fernande Duffly, "We [were] asked to enlarge the scope of social host liability under our common law by extending a duty of care to an underage host who does not supply alcohol to underage guests, but provides a location where they are permitted to consume it...We decline[d] to do so, and reaffirm[ed] that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol."

This ruling stems from a suit filed by the estate of Rachel Juliano, a Massachusetts teenager who was tragically left with permanent brain injuries after a car accident. It was later determined that the driver of the vehicle, her boyfriend, was operating under the influence (OUI), after leaving a party at the home of another Massachusetts teenager, where he consumed alcohol.

The Juliano family sought to hold the then 19-year-old party host liable for the brain injuries sustained by her daughter. The family relied on the Massachusetts social host law, which criminalizes a host providing alcohol to underage drinkers. In this case, though, the host of the party did not provide the alcohol to the injured party's boyfriend, who himself bought the alcohol and brought it to the party. As such, since the host of the party did not supply the alcohol to underage drinkers, she was not held liable for the traumatic brain injuries under the social host law.

The SJC rationalized that expanding the current social host law would create confusing laws for judges and juries to apply. Further, there is no consensus amongst states on the national stage regarding this issue. Justice Duffy wrote that "The plaintiffs make a compelling argument that underage drinking and driving is a persistent and widespread societal problem. The Legislature's decision to deter and punish those who facilitate such conduct by the imposition of jail sentences and financial penalties, along with the stigma of a permanent criminal record, lends support to that argument...However, the public policy concerns raised in past social host cases remain relevant to our determination of the appropriate scope of common-law tort liability. We have not been given sufficient reason to significantly amend our tort law in the face of sound reasons for maintaining its current status.''

According to Boston criminal defense attorney Peter Bellotti, the ruling has far-reaching effects on the potential liability Massachusetts parents and other social hosts may face following alcohol-related injuries sustained and caused by underage partygoers. Attorney Bellotti stated that "essentially, the SJC is absolving Massachusetts residents of liability who host underage drinking events where they themselves do not supply the alcohol. Every parent of teenagers in Massachusetts, along with the general population, should be aware of this ruling." Boston personal injury attorney Karen Piso Nadeau added that "According to this ruling, if underage guests drive drunk and cause injuries and/or deaths, the supplier of the alcohol remains liable, potentially absolving social hosts of liability. This will have a large impact on parents and caretakers of underage residents in Massachusetts." It remains to be seen whether an increase in OUI related injuries and accidents will result as a product of future "bring your own booze" parties.

In Massachusetts, operating under the influence (OUI) is a serious crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). The penalties for OUI increase if the impaired driver subsequently causes injuries and/or death to another person.

OUI charges require skilled and experienced Boston criminal defense lawyers. At Bellotti Law Group, our criminal defense attorneys have successfully handled numerous OUI and drunk driving cases.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Our offices are located in Boston, Cambridge, and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

A Boston, Massachusetts man has been sentenced to five years in jail following a 2010 car accident, in which he struck and killed a pedestrian after drinking and driving.

Prosecutors say that the 25-year-old man was leaving a concert at the TD Garden in Boston, when he hit the young man, who had recently graduated from Northeastern University. The driver, who was also speeding, fled from the scene of the drunk driving accident. Three months later, he was apprehended with the help of video surveillance. In addition to the five-year sentence, the man also had his license revoked for 15 years. The man pleaded guilty to motor vehicle homicide while under the influence of alcohol, operating under the influence (OUI), and leaving the scene of an accident.

In Massachusetts, like other states, operating under the influence (OUI) is a serious crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). In the event a driver injures or kills another person while operating a vehicle while under the influence of alcohol, more severe criminal charges will be brought. A driver charged with operating under the influence (OUI) can face harsh consequences, including jail time and/or hefty fines.

In addition to criminal charges for OUI, as seen in the case above, a driver may have his license suspended or revoked. Whether or not a license is suspended or revoked following an OUI arrest often hinges on specific circumstances. In Massachusetts, if a driver arrested for OUI refuses a breathalyzer, his drivers' license will automatically be suspended for at least 180 days. If the offending driver has three or more OUI convictions, his license may be revoked for life. If the driver does submit to a breath test and ultimately has a BAC of .08 or higher, the driver's license will be suspended for at least 30 days.

Police officers are always looking out for drunk drivers, especially around the holidays. If you have been charged with OUI, contact the experienced Quincy and Cambridge criminal lawyers at Bellotti Law Group. Our criminal attorneys can inform you about your rights and help you avoid an OUI conviction and/or minimize its unpleasant consequences.

An OUI charge can be overwhelming, emotionally and financially. At Bellotti Law Group, clients can ease their concerns and turn over their fears our experienced Greater Boston drunk driving lawyers. We address the legal and financial details while you and your family focus on moving on with your lives. We pride ourselves in partnering closely with clients and working to understand their individual concerns to help obtain the best solution.

Bellotti Law Group serves Greater Boston, Cambridge, Quincy, Braintree, Brookline, Newton, the South Shore, and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.

Earlier this week, a pedestrian accident claimed the life of a Haverhill, Massachusetts woman, when a 37-year-old drunk driver ran her car into the victim. The woman was killed outside of Heavenly Donuts in Haverhill, when the car struck her from behind. The drunk driver was arrested at the scene of the car accident and charged with operating under the influence (OUI) and motor vehicle homicide.

In recent weeks, Massachusetts has seen several fatal drunk driving accidents.

Earlier this month, a 22-year-old Haverhill woman and Framingham State University student was charged with operating under the influence and motor vehicle homicide after killing a fellow Framingham State student on Badger Road. Three passengers in her car sustained serious personal injuries. The college student was arraigned this week in Framingham District Court and faces charges of vehicular homicide and operating under the influence (OUI) causing serious bodily harm.

In Massachusetts, operating under the influence (OUI) is a rigorously enforced crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). If a driver refuses a breathalyzer after an OUI arrest, his drivers' license will automatically be suspended for at least 180 days. If he has three or more prior OUI convictions, his license may be revoked for life. On the other hand, if the driver submits to the breath test and has a BAC of .08 or higher, his license will be suspended for at least 30 days.

OUI charges and pedestrian accidents should be faced with the assistance of savvy and experienced Boston personal injury lawyers and Boston criminal defense lawyers. At Bellotti Law Group, our personal injury and criminal defense attorneys have represented both victims and those involved with criminal cases and investigations.

At Bellotti Law Group, our Boston personal injury lawyers and Boston criminal defense lawyers have the knowledge, experience, and legal acumen to represent your interests both as an injured plaintiff and a criminal defendant.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. We have offices in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476. You can also contact us through our online form and we will promptly respond.

On April 8, 2011 a Massachusetts woman was arrested for her involvement in a fatal automobile accident that occurred in Waterford, Massachusetts. The woman had been driving on Interstate 395 when she rear-ended the vehicle in front of her, causing it to lose control. Upon loss of control, the vehicle drove into the guardrail on its passenger side. The driver of the vehicle is currently in critical condition after suffering severe head and chest injuries and the passenger was killed after suffering similar injuries.

The woman was arrested at the scene of the crime for driving while under the influence, and for the possession of marijuana and narcotics. She was not injured in the accident and was scheduled to appear in court on April 11, 2011. . The National Highway Traffic Safety Administration has reported that 11,000 people are killed every year in accidents that involve drunk or impaired drivers. This is approximately one-third of all fatal automobile accidents.

In the Commonwealth of Massachusetts, it is a felony if a person operates a motor vehicle on a public way while under the influence of intoxicating liquor or drugs, and does so recklessly or negligently so that the safety of the public may be endangered, and by this operation causes the death of another person. It is a misdemeanor, a less severe offense, if the person operates a motor vehicle on a public way while under the influence or recklessly or negligently so that the safety of the public may be endangered. Therefore, if the operator of a vehicle is driving recklessly or negligently while under the influence of alcohol, and causes the death of another person, they can be convicted of a felony in the Commonwealth of Massachusetts.

It is irrelevant whether the other vehicle involved was driving negligently and contributed to the accident. It is necessary that a defendant's actions proximately caused the death of the victim. Proximate cause requires that the defendant knew or should have known that their actions could result in the injury at issue, and that had it not been for the defendant's conduct, the accident would not have happened. It does not matter whether the defendant intended to harm anyone or not.

Continue reading "Massachusetts Woman Arrested in Fatal DWI Accident" »

A man from Beverly, Massachusetts was taken to Massachusetts General Hospital from the scene of the accident he caused on March 24, 2011. The man was charged with driving under the influence of alcohol, leaving the scene of a personal injury accident, and operating to endanger. The accident took place in Saugus, Massachusetts.

Initially, the man drove his truck into another vehicle in Lynnfield, Massachusetts, fled the scene, and continued to Saugus. Once in Saugus, he struck two other vehicles and then ran into a utility pole. State police reported that the accident caused live electrical wires to fall into the roadway, causing them to close several lanes on Route 1 for more than an hour. The victims of the accident suffered from minor injuries.

Massachusetts General Laws define driving under the influence of alcohol in Title XIV, Chapter 90, Section 24 as operating a vehicle in a place the public has access to with a percentage by weight of alcohol in the blood of 0.08 or greater. If convicted of driving under the influence, the accused can face a fine of anywhere between $500 and $5,000.00 and/or imprisonment for a maximum of two years. Punishments are stricter for repeat offenders. Additionally, if convicted three or more times, the charges become felonies rather than unclassified, as they are for the first two instances of driving under the influence.

In 2008, there were 151 alcohol related fatalities in automobile accidents in Massachusetts. This figure represents 42% of all automobile accidents resulting in fatalities in that year. Of these fatalities, 34% involved a driver with greater than 0.08% blood alcohol level. Though these numbers have steadily dropped since the 1980s, drunk driving is still a problem in Massachusetts.

Continue reading "Beverly, MA driver charged with DUI in 3 car cccident in Saugus, MA" »

After causing critical personal injuries, a Massachusetts man has been ordered held on $50,000 bail, after pleading not guilty to motor vehicle homicide and other charges as a result of allegations that he was drunk when he struck and killed a woman in Andover, Massachusetts.

According to WCVB-TV Channel 5, Police said a 30-year-old Bradford woman, was struck and killed while walking on Route 125 at about 3:05 p.m. after obtaining a report from a crash involving her husband earlier in the day. A trooper chased the driver. He caught up with the vehicle where it had become disabled on the side of the road. The trooper had a conversation with the operator and formed the opinion that the operator was under the influence of alcohol. Police said the driver, attempted to flee the scene, but was stopped a short distance away and arrested.

In addition to bail, Bryant was ordered not to drink alcohol; drive and wear an electronic monitor.

Seriously injuring and causing the death of a young woman due to driving drunk is a terrible tragedy for the families of all involved. Going forward, there will be further stiff criminal penalties this individual will face due to his actions yesterday.

Continue reading "Motor Vehicle Homicide in Massachusetts" »