• Home 
  • Posts
  • 3 FAQs About Drunk Driving Motorcycle Accident Claims

3 FAQs About Drunk Driving Motorcycle Accident Claims

December 09, 2019

by Donaldson & Weston

personal injury lawyer

Even with the best safety gear, motorcyclists are likely to suffer injuries in the event of an accident. The resulting pain and emotional trauma can make every day feel like a struggle. It can be especially difficult to cope if your crash was caused by a blatantly reckless and irresponsible motorist.

If you were hit by a drunk driver while riding your motorcycle, you may be able to recover compensation for your medical bills, lost income, and pain and suffering. You may even be entitled to punitive damages. Given the complex nature of these proceedings, though, you probably have a lot of questions about your case.

Because every motorcycle accident claim is unique, the best way to get reliable insight about your situation is to speak with a personal injury attorney. In the meantime, read on to learn the answers to three FAQs about these cases:

How Can I Prove Liability Following a Motorcycle Accident with a Drunk Driver?

The following evidence might help your attorney prove fault:

  • The official police report;
  • The results of any chemical tests conducted at the scene or shortly thereafter;
  • Receipts or surveillance footage from nearby establishments that served the impaired motorist prior to the collision;
  • Social media posts detailing the drunk driver’s activities before getting behind the wheel;
  • Statements from other motorists, passengers, pedestrians, or cyclists who witnessed the crash; and
  • Photographs of the wreckage.

What Kinds of Damages Can I Pursue?

In the state of Florida, personal injury claimants may pursue compensation for:

  • Property damage;
  • Medical expenses;
  • Lost wages and benefits;
  • Loss of earning capacity;
  • Pain and suffering;
  • Loss of enjoyment in life;
  • Emotional distress;
  • Loss of consortium; and
  • Other costs that arise as a result of the accident such as alternative transportation, home care, and domestic help.

As previously mentioned, drunk driving accidents are one of the few scenarios in which claimants may also be entitled to punitive damages. To secure a punitive award, you must demonstrate how the liable party’s conduct constituted intentional malice or gross negligence.

How Long Will It Take to Resolve My Case?

There’s no way to estimate how long your claim may take to resolve until we’ve performed a thorough investigation. There are several factors that could affect the total duration including:

  • How long it takes you to reach maximum medical improvement;
  • Whether all parties involved agree on the relevant facts;
  • The strength of your evidence; and
  • Whether you make any mistakes that might lead to a dispute, such as disobeying your doctor’s orders, discussing your case on social media, or providing a recorded statement to the claims adjuster.

If you call a motorcycle accident lawyer right away, your attorney can perform an immediate investigation to gather any time-sensitive evidence. Your lawyer can also help you avoid critical mistakes that might cause a delay or reduce the potential value of your claim.