Motorcyclists face more dangers on the road than the average motorist. This is in part because motorcycles are inherently more dangerous than cars and other enclosed vehicles. However, motorcycles are also small and can go unseen by a negligent motorist.

Compound a motorcycle’s reduced size with an intoxicated driver’s lack of attention, and this combination becomes deadly. Motorcyclists involved in accidents with an intoxicated driver can face severe losses. Fortunately, you can address those losses with the help of a motorcycle accident attorney in your area.

Breaking Down Responsibility on the Road

Motorcyclists and motorists both have responsibilities on the road. Not only do you have to uphold roadway laws, but you also have to consider your duty of care. “Duty of care” describes the responsibility one has to keep others in any situation safe. For example, a motorist’s responsibility to protect motorcyclists from harm and vice versa are duties of care that each party holds.

A driver who gets behind the wheel of a car while intoxicated automatically violates the duty of care owed to others on the road, such as motorcyclists. Driving while intoxicated compromises a person’s reaction time and makes them more distractible—both conditions that can see a motorcyclist bear the brunt of a driver’s irresponsible behavior.

That said, you must be able to prove that a driver violated their roadway duty of care if you want to hold them liable for a motorcycle accident. You can do this by gathering evidence of liability and consulting with a skilled injury attorney.

Addressing DUI Charges in Civil and Criminal Court

While intoxicated drivers do violate their duty of care, you must prove that a driver was intoxicated at the time your accident occurred. To do so, you can turn to local law enforcement and request that they conduct on-site tests. You can also gather witness statements attesting to a driver’s inappropriate behavior at the time an accident occurred.

Should you get into a motorcycle accident with an intoxicated driver, you have the right to pursue compensation for your losses in both civil and criminal court. There are benefits to pursuing these cases simultaneously. For example, if a criminal court convicts a driver of driving under the influence, you can submit that conviction as proof of negligence in civil court.

You Can Request Compensation for a Motorcycle Accident Involving a Drunk Driver

Should you get into a motorcycle accident with an intoxicated driver, you can file a civil claim for compensation. These claims are designed to help you contend with your post-accident bills. So long as you can prove liability and the value of your losses, the liable party’s insurance may owe you a considerable sum.

After most motorcycle accidents involving a drunk driver, you can request compensation for the cost of your:

  • Essential medical care
  • Motorcycle damage, replacement, and/or essential repairs
  • Additional property damage
  • Lost opportunities to work
  • Lost or reduced paychecks
  • Essential home care needed to recover from your accident, including childcare

You also have the right to non-economic motorcycle accident damages. These can include pain and suffering as well as emotional distress. To calculate the value of these losses, our team can apply multipliers to your aforementioned bills. File your claim within California’s personal injury statute of limitations, Code of Civil Procedure §335.1, to have a county clerk consider your estimate.

Contact Our Firm for More Information About Your Legal Options

Contending with a motorcycle accident caused by a drunk driver can put you in a difficult position. It may feel impossible to hold another driver accountable for their roadway negligence while you’re recovering from your injuries.

This, however, is not the case. Our legal team can present your losses to a judge in civil court, and together we can fight for your right to compensation. Don’t let someone else’s poor decisions impact your financial security. To schedule a DUI case consultation, you can reach out to our firm over the phone or online. Call Setareh Law at (310) 659-1826 today.