San Jose Drunk Driving Motorcycle Accident Lawyer

No matter how skilled a rider you are, motorcyclists are often vulnerable to the actions of other motorists on the road. When a driver swerves into a motorcyclist, the motorcyclist will often pay a higher price because they lack the protection that a car provides.

You hope motorists see you and act responsibly behind the wheel. Unfortunately, a drunk driver will be less likely to notice or react to a motorcyclist. When you are hit by an impaired driver, a San Jose drunk driving motorcycle accident lawyer could help you take legal action. Although a monetary award may not replace your losses, it could offer peace of mind that you can pay your bills and support your family. Reach out to our motorcycle collision attorneys to learn more.

Determining Liability After a Motorcycle Accident

Motorcyclists are subject to a high percentage of drunk driving fatalities, many of which are catastrophic or fatal. If a drunk driver hits a motorcyclist, they should be liable for the resulting damage.

Proving the driver had a blood alcohol concentration of at least 0.08, the legal limit, could be all that is needed to prove negligence in a court of law. The motorist had a duty to drive safely to protect others sharing the road and breached that duty by breaking state laws. A San Jose drunk driving motorcycle accident attorney could collect evidence such as the police report and field sobriety test result to prove liability in a specific case.

Recoverable Damages After a Drunk Driving Motorcycle Wreck

Injured riders may be unable to work during their recovery, adding lost wages and expensive medical bills to their financial burdens. A San Jose drunk driving motorcycle accident attorney could seek compensation for economic and non-economic damages such as:

• Medical bills, current and future, related to the accident
• Lost current and future wages
• Pain and suffering, including disfigurement
• Emotional trauma, such as post-traumatic stress disorder
• Loss of enjoyment of life and consortium
• Loss of any of the senses or mobility

Punitive or exemplary damages may also be available in certain situations. Under California Civil Code § 3294, a defendant’s conduct must be malicious, oppressive, or fraudulent for punitive damages to apply, but the conduct does not have to be completely intentional. According to most state court verdicts, an act that falls between negligent and intentional qualifies for these special damages.

In Daws v. Superior Court, the California Supreme Court ruled that drunk driving meets the definition of an act between negligence and intentional if the defendant knew the act of driving drunk would likely cause the plaintiff’s severe injuries. Our San Jose attorneys can discuss whether a drunk driving motorcycle wreck qualifies for punitive damages.

A San Jose Drunk Driving Motorcycle Accident Attorney Works For You

You may be a skilled motorcyclist who wears a helmet and protective gear, follows traffic laws, and never drinks and rides. That does not mean a motorist on the road with you will do the same. Drunk drivers are dangerous because their reflexes and judgment are impaired, putting you at risk of suffering harm in an accident that is not your fault.

When a drunk motorist crashes into you, the legal team at Solution Now Law Firm could work aggressively to get you the compensation you deserve for your losses. Call a San Jose drunk driving motorcycle accident lawyer today to schedule your free consultation.