Few losses are harder to accept than one caused by a driver who chose to get behind the wheel impaired. Alongside whatever criminal case the state brings, your family has a separate civil wrongful death claim, and the two are independent. This guide explains how these claims work, who can be held responsible beyond the driver, and why the criminal case does not have to come first.
Key takeaways
- The civil wrongful death claim is separate from any criminal case and can proceed regardless of its outcome.
- Responsibility may extend beyond the driver to a bar or host who unlawfully served an already-intoxicated person (dram shop liability).
- Impaired-driving conduct can support punitive damages in addition to the family’s compensatory losses.
- A criminal conviction is not required to win the civil claim, which uses a lower burden of proof.
The civil claim is separate from the criminal case
When an impaired driver causes a death, two separate legal processes can follow. The criminal case belongs to the Commonwealth and is about punishing the driver. The civil wrongful death claim belongs to the family, and it is about accountability and providing for those the person left behind. The civil claim can proceed on its own timeline and does not depend on a criminal conviction, in part because the civil standard of proof is lower than the criminal one.
How these deaths happen
Impaired-driving deaths involve alcohol, drugs, or both. They often share features that aggravate the conduct: high speed, wrong-way driving, prior offenses, or a refusal to stop. These facts matter, because the degree of recklessness bears directly on the availability of punitive damages.
Who can be held responsible
The impaired driver is the obvious defendant, but responsibility sometimes extends further. Under Massachusetts dram shop principles, a bar, restaurant, or other licensed establishment that served alcohol to a person who was already visibly intoxicated, and who then caused a death, may share responsibility. In some situations a social host may as well. Identifying every responsible party, and every applicable insurance policy, is part of a thorough case.
How liability is proven
Evidence in an impaired-driving death often includes the police and crash reports, chemical-test results, the criminal proceedings, witness accounts, and, where a dram shop claim is involved, the establishment’s service records and staff. Because much of this evidence is time-sensitive, and because a related criminal case is unfolding in parallel, coordinated, prompt handling matters.
Insurance and coverage
Recovery in these cases can come from the driver’s liability insurance, a bar or restaurant’s liquor-liability coverage in a dram shop claim, and your own uninsured or underinsured motorist coverage where the driver’s insurance is inadequate. Because impaired drivers are frequently underinsured, identifying every source of coverage is especially important.
What the family can recover
An impaired-driving wrongful death claim can recover the income and support the person would have provided, the loss of their care and companionship, and funeral costs, along with a survival claim for what they suffered. Because impaired driving involves especially blameworthy conduct, these cases can raise the question of punitive damages more readily than an ordinary crash.
Deadlines and next steps
The general three-year deadline applies, and evidence, along with the parallel criminal case, makes early action valuable. Our process page explains what happens after you call. You do not need to wait for the criminal case to conclude to protect your family’s civil rights.
Questions families ask
Do we have to wait for the criminal case to finish?
No. The civil wrongful death claim is separate and can proceed on its own. A criminal conviction is not required, because the civil claim uses a lower burden of proof.
Can the bar that served the driver be responsible?
Possibly. Under Massachusetts dram shop principles, an establishment that served an already-visibly-intoxicated person who then caused a death may share responsibility.
Are punitive damages available?
They can be. Impaired driving involves conduct the law treats as especially blameworthy, which can support punitive damages in addition to compensatory losses.
What does it cost?
Nothing to talk with us, and no fee unless we recover for your family.
Related guides
Who can file · What families can recover · Deadlines · The process
Related claims
Dram shop & social host liability · Hit-and-run deaths
Attorney at Scalli Murphy Law, P.C. Massachusetts personal injury and wrongful death practice since 1994. This overview is general information and not legal advice.
Talk with an attorney about an impaired-driving death
Free, private, and no obligation.