Legal Help for Accidents Involving Drugs and Alcohol
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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