Maison Law Accident & Injury Lawyers of Modesto can help you if you’ve been injured in a motorcycle accident. Of the many different types of motorcycle accidents you could find yourself in, one of the worst is one where the other driver is drunk or under the influence of drugs. If you or someone you care about has been hurt in one of these motorcycle accidents, contact us today for a free, no-obligation consultation.
When Do You Need a Lawyer?
Any motorcycle accident you’re in is going to bring about challenges. But you don’t technically need a lawyer if your accident is minor. Unfortunately, though, being involved in a DUI motorcycle accident is probably going to mean that you’ll need much more help, including from our lawyers.
In a DUI motorcycle accident, your injuries are likely to be worse, and even if the fault is clear, getting all the financial support you’re owed can be tricky.
Our team can make things easier for you. We’ll handle negotiations and explain what to expect from the legal process. If you decide to go ahead, we’ll gather evidence like medical records and police reports to build a strong case for you. We’ll also guide you through dealing with insurance or taking legal action. And if needed, we’ll represent you in court.
In these types of accidents, insurance companies might try to pay you less than you deserve. We’re here to make sure you get treated fairly.
Who’s Liable for a DUI Motorcycle Accident?
When it comes to a DUI motorcycle accident, it’s pretty obvious that the person that was driving under the influence is going to carry most of the liability for causing the accident, your injuries, and as such will have to pay for your damages.
But where a DUI accident differs from others is that the liability often extends to others that may or may not have been directly involved, like:
- Bars or restaurants – If they keep serving alcohol to drunk people, they could be partly responsible.
- Employers – If they let employees drive while drunk, they might also share the blame.
- Property owners – If they allow underage or drunk people to drink on their property and an accident happens afterward, they could be partly at fault too.
Then, there’s the normal liability considerations. Just like any other motorcycle accident, other drivers, motorcyclists, pedestrians, and even the city or state government could also share liability if they contributed to the accident. That said, it isn’t always straightforward. That’s why it’s important to take steps to understand the legal process and what you can get in a claim, then do what you can to strengthen it.
What Damages Can You Get in a DUI Motorcycle Accident Claim?
In any injury claim, including those involving a DUI motorcycle accident, what you’re able to recover in a claim comes from your injuries and other losses. The responsible parties, usually represented by their insurance companies, are the ones who pay these damages. That’s why it’s crucial to identify all liable parties.
While every motorcycle accident claim is unique, certain types of damages are common in most cases:
- Medical expenses – These cover your healthcare costs, such as surgeries, treatments, emergency services, and ongoing care needs.
- Property damage – These cover any repair or replacement costs for damaged property, like your motorcycle, gear, clothing, or anything else lost in the accident.
- Lost income – These are meant to cover wages lost due to missed work after the accident, including future earnings or benefits.
- Pain and suffering – This covers any physical pain and mental anguish caused by the accident.
- Emotional distress – These damages, separate from pain and suffering, address emotional and psychological impacts like depression, anxiety, or PTSD resulting from the accident.
- Loss of companionship or enjoyment of life – This category relates to how the accident affects your relationships and overall quality of life.
- Wrongful death – If the accident results in a death, these damages cover funeral expenses and potentially lost income or medical expenses before death.
- Punitive damages – In DUI cases, you can also go after punitive damages as an extra penalty when the responsible party’s behavior was excessively reckless or intentional. A DUI is generally one of the most common ways punitive damages are awarded.
Remember, in California, you have two years from the accident date to file your claim. Missing this deadline could mean losing your chance to claim damages, even if the other party was at fault, so it’s crucial to act promptly. But on the other hand, you might not know all the ways the accident has affected you just yet. So, you need to do what you can to strengthen your claim.
Do You Need to Strengthen a DUI Motorcycle Accident Claim?
Unfortunately, just having the right to file an injury claim isn’t enough to recover damages. Even in DUI motorcycle accidents, you don’t have an automatic ticket to the financial support that’s available to you. So, you need to put together and present a strong case. Our experienced team can help you do this, but there are a few things you’ll need to do first:
- Call 911 and report the accident – The first thing you should do, if you’re able, is call 911 so an ambulance and the police can respond to the scene. You’ll also need to tell the police that you suspect the driver of driving under the influence. Once the ambulance arrives, let the EMTs take care of any injuries.
- Document the accident scene – If it’s safe to do so, take pictures of the scene with your phone. Make sure to capture any pictures or videos that show what happened, including your injuries. Also, take pictures of the car that hit you to show its damage (if it remains at the scene.)
- Gather information – If possible, gather information from the drunk driver, such as their contact details, insurance information, and license plate number. If you’re unable to do so, ask the police for assistance. Also, collect names and contact information from any witnesses who saw the accident. Their testimony could be valuable for your case.
- Don’t admit fault – Avoid admitting fault for the accident. Let the police determine the cause through their investigation.
- File with your insurance company – Tell your insurance company about the accident promptly. This allows them to begin their claims process and assist you accordingly.
- Track your damages – Keep track of all medical bills and important documents related to the accident. These documents will serve as proof when seeking compensation for your injuries and damages.
As a motorcyclist, you’re probably used to the idea that you can only control your actions, and not those of other drivers you share the road with. But this takes on increased significance when the other driver is driving drunk or under the influence of drugs. You should always stay alert and wear proper safety equipment, and if you have reason to believe that another driver is driving under the influence, it’s usually in your best interest to pull over and tip off the local police so they can take care of it.
Experienced Modesto Motorcycle Accident Lawyers Can Help After a DUI Accident
Any motorcycle accident is difficult for you, the rider. You’re always at risk for injuries, but even more so when someone else is driving drunk or under the influence of drugs. At Maison Law Accident & Injury Lawyers of Modesto, we have the experience you need in this situation. We’ll explain your legal options, then support you throughout the claims process. Don’t wait–contact us today for a free consultation if you’ve been injured in a DUI motorcycle accident.