Legal Help for Accidents Involving Drugs and Alcohol
Serving Nationwide
Motorcycle accidents rarely have a good outcome. Even accidents that happen at low speed impact
can still result in serious injuries for a motorcycle rider, regardless
of who is at fault in the crash. There are many reasons that accidents
occur, but crashes involving alcohol and drugs are commonly a factor in
accidents of all types. While in many cases the use of drugs or alcohol
is the direct causation of the wreck, the mere presence of chemicals in
the negligent driver's system does not always mean that a claim for damages
can be won when the case may involve mitigating factors. In addition,
the laws that govern the proper use of controlled substances can also
impact a court ruling on a motorcycle accident.
Motorcycle Accidents Involving Alcohol Use
Alcohol is a legal product that can be consumed in moderation before the
user is impaired beyond the legal ability to drive. However, that threshold
for impairment is very low, and even registering a blood-alcohol content
level of .05 can justify a reckless driving charge. But, Texas does not
designate reckless driving as wet reckless. Any facts concerning the impairment
of a negligent driver that is below .08 may not necessarily impact a court
ruling in determining negligence. In addition, in most states including
Texas, the mere fact that the driver was impaired beyond the legal limit
will not necessarily mean the drunk driver was negligent unless the actual
action performed exhibited carelessness or reckless disregard in some
manner. Even vehicular manslaughter must be proven by your legal counsel
beyond the presence of some illegal material case factors, so it is very
important for the victim of a motorcycle accident to have experienced
and effective legal counsel who understands the potential problems of
prosecuting a motorcycle injury case and winning the claim. In a civil
tort vehicle accident claim, the personal injury case prosecutor is your
personal attorney.
Motorcycle Accidents Involving Drug and Chemical Use
Many drugs and chemicals are classified as controlled substances, and often
motorcycle accidents will involve elements of drug impairment. It is important
to understand that not all drugs are contraband, and that many individuals
involved in an accident while under the influence of a prescribed medication
are not necessarily negligent when driving under the influence. For many
patients, this could preclude them from driving altogether when they take
a large daily regiment of medications. The problems predominantly include
sedatives and narcotics that have the ability to greatly impair the user,
and the user's physical condition can be used as material case evidence
when the facts are assessed by the court. But, there are few definitive
tests for intoxication levels in the field such as with alcohol. Many
negligence claims against an impaired driver who is under the influence
of drugs will rest largely on whether the officers working the accident
request a warrant for a blood toxicology report. Those found with illegal
drugs in their system or in their possession stand a strong possibility
of being found negligent.
Common Motorcycle Accident Injuries
Motorcycle accident victims suffer some of the worst injuries of those
involved in auto accidents, but there are several injuries that occur
most often. Impacts at high speed or involving the cyclists losing control
of the bike regularly result in fatalities, with many of those fatalities
being wrongful death cases. Most motorcycle accidents include head or
neck injuries, which are at the top of the list of common injuries for
motorcycle riders included in a collision. Road rash is also very common
as an additional injury, but sometimes this occurs as a primary injury
in accidents when the cyclist avoids serious harm. Leg injury is also
very common because the cycle is usually tipped over in a crash, pinning
the bikers legs underneath the frame and engine. Burns are very common
also, and can be some of the most horrific injuries suffered by a motorcycle
crash victim.
Damage Awards for a Motorcycle Accident Personal Injury Claim
Damage awards for those injured in a motorcycle accident vary widely, and
can often be determined predicated on perceptions of a potential jury
or even the insurance company themselves. This can be very problematic
for a motorcycle owner who does not carry uninsured or under-insured motorist
coverage. Motorcycle accidents are notorious for the negligent party leaving
the scene of the accident when the crash occurs on isolated roadway and
no one witnesses. The injured victim is at the mercy of the morality of
the driver if there are no witnesses because motorcycle injuries often
leave the victim unconscious or severely hurt. Even when a negligent party
is identified and facing a negligence claim concerning a personal injury,
negative perception can still result in a reduced punitive award by a
jury in some situations. There are many unique factors in every motorcycle
accident because of the instability of the bike. Compensatory awards for
medical bills and lost wages may be easier to calculate, but awards for
non-economic pain and suffering or loss of quality of life may not be
as high as an injured victim in a car or truck. The unique material case
facts will regularly determine how each party to the lawsuit views the
value of the claim, and many times the defendant will be the party wanting
to take the case to trial.
Proving Liability in Accident Claims Involving Intoxicated Drivers
While intoxication level of the negligent driver does not guarantee an
automatic claim for the injured motorcyclist, it can help your motorcycle
accident attorney craft a solid case on your behalf for court or jury
presentation. It is important to remember that proving impairment level
is not necessary in a motorcycle accident case, but any level of alcohol
or drugs in the at fault drivers system can be a contributing factor in
how the careless driving act came about. Any alcohol or drug use involvement
can result in winning a negligence liability injury claim.
Anyone in Texas who has been injured in a motorcycle accident should call
us at The Doan Law Firm and let us evaluate your motorcycle accident personal
injury claim. We are open 24 hours per day 7 days per week, and the initial
case evaluation is always free. We have extensive experience in Texas
motorcycle law and we do not collect a fee unless we win your case. Click or
call today at (800) 910-3476 and let us represent your accident case.
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