You are feeling the wind in your face when a motorist drifts into your lane and forces your motorcycle off the road at 65 mph. You enlist the motorist to exchange pertinent information. The motorist who drifted into your bike is stumbling, and you smell alcohol when they squat to address you. Call for emergency help, and then call a Clermont drunk driving accident lawyer to hold the driver accountable for your injuries and losses. Our motorcycle collision attorneys are here to support your claim while you focus on recovery.
Proving Negligence in a Drunk Driving Lawsuit
Florida Statute § 316.193 declares any person impaired by alcohol or drugs while driving, which includes testing for a blood-alcohol level of 0.08 grams, is committing a criminal act. When an impaired motorist causes an accident, a drunk driving motorcycle accident attorney in Clermont could help the injured biker sue and seek compensation for physical, emotional, and financial losses.
Injured motorcyclists suing at-fault motorists must prove the motorists’ negligence caused the injuries they sustained. There are four factors that must be proven: duty, breach, causation, and damages.
Anyone driving owes a duty to other motorists to do it safely. If the motorist does not drive reasonably, a breach occurs, and because drunk driving is illegal, it is unreasonable. When an accident is the cause of a motorcyclist’s injuries, negligence is established. An attorney assesses each case personally and can guide a person toward collecting compensation.
Negligence Per Se
According to the doctrine of negligence per se, when a defendant violates a state statute directly related to a negligence claim, the court will presume the injured person has proved the elements of duty and breach, leaving their attorney to prove only that the defendant caused the accident that harmed the motorcyclist. Thus, a drunk driver who smashes into another motorist and injures them is violating Fla. Stat. Sec. 316.193 and will be presumed negligent.
Possible Legal Setbacks After an Impaired Driving Collision
Unfortunately, a high number of motorcycle accidents involve an injured biker who contributed to their injuries because they were drinking. The modified comparative negligence rule reduces the injured biker’s damages award by their percentage of fault. Modified comparative negligence stops a motorcyclist who is more than 50 percent at fault for an accident from collecting damages, which highlights the importance of consulting a drunk driving motorcycle crash lawyer in Clermont.
Statute of Limitations
A person has two years from the date of the accident to sue a drunk motorist who harmed them while riding their motorcycle. An experienced attorney could work to meet this filing deadline.
A Clermont Drunk Driving Motorcycle Accident Attorney is an Advocate
You may be safer on the back roads than on more highly traveled ones, but drunk motorists are a danger everywhere. They are especially dangerous when you travel by motorcycle. We have handled enough cases to know how devastating the injuries motorcyclists suffer are after a negligent motorist causes a collision.
We have dedicated our practice to getting you the compensation that can see you through a long recovery. Call now and learn how a Clermont drunk driving motorcycle accident lawyer can advocate for you.
