Holding a Drunk Driver Liable for Your Motorcycle Accident
Every road user dreads encountering a drunk driver because the outcomes are usually dangerous or even fatal. Drunk driving incidents are especially severe because the driver’s abilities may be significantly impaired, thus their actions on the road are unpredictable, and in turn could lead to deadly accidents. These accidents can be particularly dangerous for motorcyclists.
Not only is drunk driving a traffic violation, it is also a crime in Florida1 punishable by fines and possible jail time. However, criminal punishments cannot adequately account for damages, injuries, and losses to the victim resulting from the accident. Therefore, it is advisable that victims involved in a motorcycle accident caused by a drunk driver pursue a claim in Florida civil court2 in addition to the criminal charges in place.
When a driver’s blood alcohol level content is above 0.08%, they can be arrested and charged with a criminal offense of DUI. If the drunk driver was involved in a collision, the penalties of the offense become more serious. When convicted of the charges, the drunk driver is given a criminal punishment due to their unlawful actions behind the wheel and failure to exercise proper care for the safety of the public. However, as mentioned above, criminal punishments do not adequately compensate victims who have suffered significant losses and damages. In other words, it does not account for civil liability.
It is possible for an injured victim to use evidence from the criminal case against a drunk driver for a civil suit against that drunk driver. Evidence gathered from the DUI stop that indicates that the driver was above the legal alcohol limit, as well as witness testimony will help in proving the driver’s negligence and failure to exercise proper care for the safety of the public. In addition, evidence of damages and injuries caused by the accident will need to be presented to hold the drunk driver liable for those losses.
It is very important that victims of drunk driving accidents exercise their legal right to a civil suit because criminal charges are not sufficient in most cases. Victims of drunk driving incidents sometimes suffer significant losses which could impact the quality of their life for a long time. Therefore, one should take immediate civil action against drunk drivers.
If possible, anyone involved in a motorcycle accident, especially with a drunk driver, should do the following to preserve their legal right:
Contact an Experienced Personal Injury Lawyer in the Clearwater/St. Petersburg/Tampa Bay Area Today
If you or your loved one has suffered an injury resulting from a motorcycle accident with a drunk driver in the Clearwater/St. Petersburg/Tampa Bay area, do not hesitate to call Dolman Law Group. We are here to help, and we have significant expertise in motorcycle injury cases involving drunk drivers. Our experienced personal injury attorneys are skilled in fighting for and obtaining the compensation and legal justice that you deserve. Give Dolman Law Group a call today at 727-451-6900 or contact us online.
Dolman Law Group
800 North Belcher Road
Clearwater, Florida 33765