Northern California Motorcycle Accident with Drunk Driver Lawyers
Northern California Motorcycle Accident with Drunk Driver
California had the highest number of alcohol-related accident fatalities in the United States, totaling at more than 3,400 deaths in 2008, according to a report released by Alcohol Alert. It is important to note that the National Highway Traffic Safety Administration (NHTSA) considers a crash to be alcohol-related if at least one driver involved has a blood alcohol concentration (BAC) level of .01 gram or higher. If a driver is caught by authorities with a BAC of .08 or greater they are cited with a DUI (Driving Under the Influence). Driving under the influence of alcohol is against the law under California vehicle code § 23153 and impairs a driver’s judgment, reduces reaction time and inhibits coordination. A drunk driver who causes an accident, which results in severe injury or wrongful death to a rider, can be held financially liable.
If a rider has suffered serious injuries in a motorcycle accident with a drunk driver, it is recommended they secure legal representation. A northern California drunk driving accident lawyer at Estey Bomberger can help victims and their families obtain the compensation they deserve for their personal injury or wrongful death claims.
Motorcycle Accident with Drunk Driver Injuries
Many types of serious injuries can be inflicted on a rider that is involved in a motorcycle accident with a drunk driver, including:
- Spinal cord injury
- Head injury
- Coma
- Concussion
- Limb loss
- Broken bones
- Lacerations
- Burns
- Sprains
- Dislocation
- Scarring/disfigurement
- Wrongful death.
Civil and Criminal Charges for Northern California Drunk Drivers
A drunk driver who causes a motorcycle accident can face both civil and criminal charges for their negligent or reckless actions. Civil charges allow the victim to file a lawsuit against the drunk driver and hold them financially liable for the motorcycle accident. The victim must prove that the driver acted negligently or recklessly and if able to do so, may recover compensation for medical expenses, lost wages, future lost wages and pain and suffering. In the event a rider dies because of injuries caused by the accident, the deceased’s family members or loved ones may file a wrongful death lawsuit. A wrongful death lawsuit makes it possible for the deceased’s family to obtain financial compensation for final medical expenses, burial expenses, anticipated future earnings of the decedent, loss of companionship, and emotional distress.
A drunk driver may be convicted of criminal charges in addition to civil charges. There are many factors that contribute to a driver’s criminal penalty, but the severity of the accident and the victim’s injuries will help determine the drunk driver’s criminal charges. In most cases, drunk drivers have their license revoked for a certain period of time and pay monetary fines. Also, a court may mandate alcohol treatment programs and jail time.
Filing a Claim Against a Third Party
The victim or victim’s family may name a third party in a motorcycle accident personal injury or wrongful death claim involving a drunk driver. For example, if a bar serves alcohol to an underage or visibly intoxicated person, who later that night causes a motorcycle accident, the bar may be liable for damages. The injured victim must prove that the bar, tavern, restaurant or business, sold or served alcohol knowingly to a person who was exhibiting all of the signs of intoxication (slurred speech, difficulty walking or moving). A skilled motorcycle accident attorney in northern California can help prove that the business acted negligently or carelessly if a third party lawsuit is pursued.
In addition to places of business, passengers, police officers and employers may also be named in a third party lawsuit. Passengers who aided or assisted the driver in becoming drunk may be responsible for the victim’s injuries. If a drunk driver, who was previously pulled over by a police offer and let go, later causes a motorcycle accident, the police officer may be held liable for compensation. In rare situations, employers may be held liable if they fail to control alcohol consumption at a work function or meeting, resulting in drunken employees driving from the function.
Unless We Win, There is No Fee
At the Estey Bomberger law firm, our mission is to help injured victims and their families in the recovery process and ensure their accident expenses are provided for. Unless we recover financial compensation for your injuries, there is no fee for our services. We also offer free consultations to review your personal injury case. Contact us at (800) 890-6722 to speak with one of our northern California motorcycle collision attorneys, or fill out our online case evaluation form.