Plymouth Meeting Motorcycle DUI Accident Lawyer
Any type of motorcycle accident has the potential to cause serious injury. The crash may be even more severe when the driver involved was drunk at the time of the accident. Then, they could have been traveling at an even higher rate of speed, where they were acting more recklessly. While the driver may be subject to criminal penalties for their conduct, they do not escape the potential of owing you money in a civil case. It is essential that you work with a motorcycle accident lawyer to maximize the amount of compensation that you can recover for your injuries.
The Civil Legal Process Is Distinct From the Criminal One
The driver who has injured you in a motorcycle accident is likely facing criminal charges if they were intoxicated. They could be dealing with the prospect of jail time. However, that is not of concern in your civil case. The two legal processes will unfold distinctly from each other.
Unless the driver has pleaded guilty to a crime, which is not something they would ordinarily do when they are facing a potential civil lawsuit, it does not matter what happens in the criminal case. The reason is that there is a different standard of proof when you are filing a civil lawsuit against the motorist. It is theoretically possible for the driver to be acquitted of drunk driving charges while at the same time being ordered to pay you money in a civil case. You should never draw any assumptions without speaking to a motorcycle accident lawyer.
How Can I Prove That the Driver Was Drunk at the Time of the Accident?
You may not have to prove that the driver involved in the crash was drunk at the time of the accident. Their actions may already be considered negligent, entitling you to financial compensation. For example, the drunk driver may not have checked their blind spot before they changed lanes and sideswiped you. The act that would entitle you to compensation is the illegal lane change, as opposed to the fact that they were drunk at the time of the accident.
Nevertheless, it may bolster your case if you are able to prove intoxication. You would certainly have more leverage when dealing with the insurance company. However, the prosecutor is often not going to turn over the evidence that they have in their case because their sole interest is in winning a conviction.
Accordingly, you may need to subpoena breathalyzer or blood test results. Your motorcycle accident lawyer could have the court issue this subpoena after you have filed a lawsuit against the responsible driver.
Can I Still Be Partially Blamed for the Accident?
Even if the driver involved in the accident was legally intoxicated, you are still far from home free in terms of proving complete liability. The driver’s insurance company may realize that they have an acute problem, and they may look for ways to reduce their own liability. These efforts would come at your expense because they mean that you are being partially blamed for the accident.
For example, the insurance company may argue that your injuries were made worse by the fact that you did not have the proper safety equipment. They could claim that you were speeding on your motorcycle at the time of the accident. It is vital that you vigorously defend yourself from any of these allegations because they could impact your right to receive full compensation for your injuries.
The Amount of Compensation Can Be the Battleground With the Insurance Company
In other cases, the insurance company may readily concede liability if its policyholder was intoxicated at the time of the accident. If they do not have readily available grounds to shift some of the blame onto you, they may be more than willing to make you a settlement offer. The initial settlement offer is likely to be for an amount that is much less than what you actually deserve in compensation.
Your motorcycle accident lawyer would still need to fight for you during the course of settlement negotiations with the insurance company. Because the driver may have been clearly to blame for the accident, you may have additional leverage when it comes to dealing with the insurance company.
Can I Get Punitive Damages When I Have Been Injured by a Drunk Driver?
You are legally entitled to be paid for the full scope and extent of damages that you have suffered. In any motorcycle accident case, your damages would include both the ‘economic’ and ‘non-economic’ losses associated with your injury.
The prospect of ‘punitive’ damages is the trump card that you have to play when you are negotiating with the insurance company. If they will not fully pay you for your damages, and you are forced to take your case to court, an angry jury may assess punitive damages against the driver who was involved in the accident. Then, the insurance company may have difficulty on several fronts.
First, they would be obligated to pay punitive damages up to the amount of the policy limit. Second, the insurance company could end up in legal difficulty with its own driver because they can be sued for bad faith. If an insurance company had an opportunity to settle a lawsuit, and the driver ended up being personally liable, they could seek damages from the carrier.
Do I Still Need a Motorcycle Accident Lawyer When the Driver Was Drunk?
No matter the circumstances, you always need an experienced motorcycle accident lawyer when you have been injured in a crash that was someone else’s fault. The insurance company is not going to simply put the full amount of money that you deserve in your hands without a fight on your behalf. It does not matter whether their driver was clearly to blame for the accident. A motorcycle accident lawyer would represent your interests at every step of the way, working to maximize the compensation that you would receive.
Contact a Plymouth Meeting Motorcycle DUI Accident Lawyer at Bikers Have Rights Today for Help With Your Claim
If you have been injured in a crash caused by an intoxicated driver, get legal help from a Plymouth Meeting motorcycle DUI accident lawyer at Bikers Have Rights. To schedule a free consultation, contact us online or call 877-333-0300. Located in Plymouth Meeting, Pennsylvania, we proudly serve clients throughout Pennsylvania and New Jersey.
