Serving DUI Motorcycle Accident Victims Throughout Los Angeles
Motorcycling involves an elevated level of risk since riders must deal with a number of perils such as drunk drivers, even though driving under the influence is unlawful in California. Because of their slower reaction times and impaired judgment, drunk drivers pose a grave threat to motorcycle riders. If you or a loved one has been injured in a motorcycle accident that was caused by a drunk driver, you may be able to recover damages.
J&Y Law represents injured riders throughout Northern and Southern California. While driving under the influence may lead to DUI charges, a drunk driver who injures a motorcyclist can also be held liable in a personal injury lawsuit, even without a conviction. Despite the public bias against motorcycle riders, our team has a proven track record of helping our clients obtain just compensation for injuries they suffer through no fault of their own.
What is DUI in California?
An individual can be charged with driving under the influence (DUI) with a blood alcohol concentration (BAC) of 0.08 percent or higher — the limit for commercial drivers is 0.04 percent. In addition, there is a zero tolerance law for drivers under the age of 21. If any amount of alcohol is detectable in the blood system of an underage driver, he or she can be charged with DUI. Operating a motor vehicle while impaired by illegal drugs, prescription medications, and over-the-counter medications is also illegal.
DUI Motorcycle Accident Lawsuits
All drivers in California have a duty of care not to injure others while operating a motor vehicle. A driver breaches this duty by driving under the influence and causing a motorcycle accident. A drunk driver need not be convicted for you to have a valid claim, however, because the burden of proof is lower in a civil proceeding than in a criminal proceeding. While restitution may be awarded if the drunk driver is convicted, injury victims may still be able to obtain compensation if the other driver is not convicted or pleads to a lesser charge.
Damages You Can Recover in a DUI Motorcycle Accident
If you have been injured in a motorcycle accident that was caused by a drunk driver, you may be awarded compensation, which includes economic and noneconomic damages. Economic damages cover financial losses such as income, medical expenses and property damage, while noneconomic damages will compensate you for pain and suffering, permanent injury, or loss of enjoyment of life.
If the other driver is convicted of DUI, you may also be awarded punitive damages that are intended to punish that driver’s reckless behavior and also to deter others from driving under the influence (as if the legal prohibitions weren’t sufficient). Finally, if a loved one is killed on a motorcycle by a drunk driver, surviving family members can pursue a wrongful death lawsuit to recover damages for medical bills incurred prior to the death, funeral expenses, lost future income, property damage, mental anguish, and loss of care and services.
Los Angeles Motorcycle Accident Injury Attorneys
J&Y Law is committed to keeping the roads and highways in California safe for motorcyclists. Knowing that injured riders often bear significant physical, emotional and financial burdens, we can help to lift those burdens by obtaining the compensation you deserve.
As with other drunk driving accidents, these cases typically involve a detailed and intricate negotiation with an insurance company. Armed with teams of powerful attorneys and claims adjusters, insurers have an unfair advantage over the injured and typically seek to settle for as little money as possible. We have the knowledge, power, and resources to level the playing field.
If the insurance company fails to make a reasonable settlement offer or negotiate in good faith, we may recommend filing a lawsuit. Whether through litigation or negotiation, our attorneys will make sure you receive the full value of your claim which includes any future medical or financial needs resulting from the accident.
At J&Y, we handle all motorcycle accident cases on a contingency basis, which means you will not pay any attorneys’ fees until we win your case. Don’t forget, there is a time limit to file a personal injury lawsuit in California — two years from the date of the accident. If you or a loved one has been seriously injured in a drunk driving accident, call our office today or complete the online contact form to set up a free consultation.