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Anyone who drives a motor vehicle with a blood alcohol concentration of at least 0.08 percent or while impaired to any extent by alcohol or drugs can face criminal prosecution for driving under the influence (DUI). They can also be held civilly liable for losses resulting from any traffic accident caused by their reckless behavior, losses which, unfortunately, can be severe for motorcyclists.
If you were struck and injured by a drunk driver while riding your motorcycle, an experienced motorcycle crash attorney can provide legal representation at each stage of the recovery process and help you seek compensation for the harm you have sustained. A Philadelphia drunk driving motorcycle accident lawyer from Lowenthal & Abrams can assist you by pursuing all applicable insurance benefits and by seeking to establish third-party liability for a driver’s intoxication.
Are Drunk Drivers Always at Fault for Collisions With Motorcyclists?
Driving while intoxicated is a clear example of a breach of duty while operating a vehicle, similar to committing a traffic violation or driving while distracted by a cell phone. If you can prove through a police report or through your own evidence that the driver who struck your motorcycle was drunk, you can hold them responsible for your crash-related damages.
As an attorney can explain in more detail during an initial consultation, you may also be able to name the business(es) that provided alcohol to the drunk driver as a defendant in the Philadelphia lawsuit you file over your motorcycle accident. The state’s dram shop laws allow establishments licensed to serve alcohol to be held civilly liable for drunk driving accidents if they serve someone they know is already impaired or if they serve alcohol to a minor who then drives while under the influence.
Unique Rules for Drunk Driving Motorcycle Crash Lawsuits
Another important point about civil cases after impaired driving accidents is that Pennsylvania’s limited tort rules, which restrict certain car or motorcycle insurance claims, do not apply if the at-fault driver was drunk. This means you can file a civil claim outside the no-fault system, even without a serious injury.
In some situations, courts may also award punitive damages against drunk drivers who show extreme disregard for others’ safety. Still, most civil claims focus on recovering compensable losses like medical expenses, lost income, and pain and suffering. A lawyer experienced with drunk driving lawsuits in Philadelphia can help you identify these losses and incorporate them effectively into your motorcycle crash claim.
Call a Philadelphia Attorney for Help With Suing a Drunk Driver Over a Motorcycle Accident
Drunk drivers put themselves and everyone around them in harm’s way every time they operate a vehicle and break the law on public roads. If someone who was later charged with a DUI injured you while you were riding your motorcycle, you may have grounds to file a civil suit against them.
Guidance from a Philadelphia drunk driving motorcycle accident lawyer will make a huge difference in how smoothly your case proceeds and in your chances of getting a favorable outcome. Call Lowenthal & Abrams today to discuss your legal options.
