Get A Free Consultation
(832) 449-8230There are two main ways for drunk drivers to cause motorcycle accidents—either the biker or another driver can be intoxicated. Either way, there is massive potential for severe injuries to the biker. Drunk driving plays a huge role in catastrophic injuries and fatalities from all motor vehicle accidents. Almost one-third of all traffic fatalities are due to drunk drivers. When considering only motorcycle wrecks, an even more significant percentage of fatalities and severe injuries emerges.
If you have been injured in a motorcycle wreck where intoxication was a factor, you may be wondering about your options for recovery. Those options depend—at least partially—on whether you were the intoxicated party. Bikers who drunk drivers hit are rarely at fault and typically have a viable personal injury claim. It may surprise you to learn that even if a biker was intoxicated at the time of an accident, they may still be entitled to partial recovery from the other vehicles involved in the wreck. A Missouri City drunk driving motorcycle accident lawyer can examine the facts of a particular situation and advise you of your potential remedies.
Bikers are more vulnerable than other motor vehicle operators. While automobile drivers are surrounded by steel and other protective equipment, bikers are not. They do not have seat belts, airbags, or other protective devices. Plus, since their vehicles are on two wheels, they are very likely to get off balance and skid in a wreck. While a biker can use protective equipment like helmets, leathers, gloves, and boots to make themselves safer. They will still always be at higher risk than other motor vehicle operators.
However, that information does not explain why a more significant percentage of motorcycle accident deaths and severe injuries are alcohol-related than car or truck accident deaths. The answer may be due to biker intoxication. Drunk driving statistics do not always differentiate between who was intoxicated—the biker or the other motorist. Bikers must be hypervigilant at all times to avoid accidents. If a biker is intoxicated, they are much less likely to be able to respond in time to avoid a wreck or respond in a way that might minimize their injuries.
Fortunately, bikers may have control over this disparity. It is good practice for bikers not to consume any alcoholic beverages prior to riding their motorcycles. Since even a drink or two can impair reaction time, coordination, and judgment, bikers can be impaired even if they are not at the legal limit. A Missouri City lawyer can review facts to determine if intoxication played a role in a motorcycle accident.
Recovering damages after a motorcycle accident can be complex. If the victim or the other driver were intoxicated at the time of the accident, the settlement negotiation process becomes more challenging. Accepting financial responsibility for an accident may be seen as an admission of fault. In a scenario where the state is alleging drunk driving, that admission can impact the outcome of criminal charges. As a result, people sometimes refuse to settle — at least until after their criminal trial.
Additionally, if the biker was the intoxicated party, especially if they were charged with drunk driving, the other party’s insurance may try to deny any responsibility. Even in drunk driving accidents, another person’s negligence may be the actual cause of the wreck. However, insurers understand that while criminal charges are pending, a victim’s ability to represent themselves may be limited. A Missouri City drunk-driving motorcycle wreck attorney can help coordinate a legal defense and civil representation to ensure that nothing in civil negotiations impacts the outcome of a criminal proceeding.
Motorcycle accidents always carry the potential for severe injuries for the rider. Bikers are the most vulnerable motor vehicle operators on the road, with injury rates closer to cyclists and pedestrians than to drivers. Intoxication, either by the biker or by the other driver in an accident, not only increases the risk of a wreck but also the risk of substantial injuries or even death.
If you have been injured in a drunk-driving motorcycle wreck, you may be entitled to compensation. Even if you were an intoxicated biker, you may not have the majority of the responsibility for the accident. The best way to find out is to schedule a consultation with a Missouri City drunk driving motorcycle accident lawyer. Call our firm today to get started.
Lone Star Injury Attorneys, PLLC
N/a