Alcohol and motorcycles don’t mix. Unfortunately, many motorcyclists are injured through no fault of their own when a drunk driver crashes straight into them. Call Lawbike Motorcycle Injury Lawyers today to discuss whether you can receive compensation after an accident. Georgia law empowers accident victims to hold the drunk driver and possibly other defendants accountable for these horrifying accidents. Call to speak with a Brunswick motorcycle accident lawyer.
Proving Fault for a Drunk Driving Motorcycle Accident in Georgia
Alcohol has familiar effects on drivers, including:
- Confusion
- Increased fatigue
- Blurred vision
- Unconsciousness
- Impaired coordination
Unsurprisingly, thousands of people are arrested for drunk driving each year. Motorcyclists are as vulnerable as anyone else on the road when an intoxicated person decides to slide the key into the ignition.
To win an accident case, we need to prove a driver was at fault for your crash. This step is easier if the drunk driver is arrested and gives either a breath sample or takes a urine test. We can seek to introduce these test results in court to prove chemical impairment. If the driver had a high BAC, then we have a strong case for compensation.
Seeking Punitive Damages from a Drunk Driver
Most injured victims seek compensatory damages for all the losses they have suffered as a direct result of the crash. Common damages include:
- Repairs to a motorcycle
- Medical bills
- Future medical expenses
- Lost income or wages
- Loss of earning capacity
- Pain and suffering.
With a drunk driving case, we might also request punitive damages to punish a drunk driver. These damages aren’t available in every motorcycle accident case. Instead, Georgia law requires clear and convincing evidence the defendant acted in a wanton manner or exhibited a complete want of care. (O.C.G.A. § 51-12-5.1). These are high standards.
Drunk driving accident victims can usually ask for punitive damages. Drinking to excess is reprehensible behavior. It reflects a lack of concern for the safety and welfare of other people and warrants punishment.
Even if the driver isn’t criminally punished, we might seek punitive damages in your claim. The civil case is independent of any possible criminal charge, though we can often use any evidence the police collected.
Whether a driver is charged criminally depends on many factors and has nothing to do with whether they were intoxicated or not. Let us investigate whether it makes sense to demand punitive damages in a claim.
Identifying Defendants in Your Case
Obtaining fair compensation is sometimes a challenge with drunk driving cases. Injured victims can have massive expenses, including ongoing medical needs or prolonged unemployment while they recover from significant injuries. Many drunk drivers were traveling well over the speed limit, so they struck victims at a high speed.
Georgia’s minimum liability insurance might not cover your entire losses. Many drunk drivers are carrying insurance which will only pay out $25,000 to an injured victim, which might not be nearly enough to cover even the cost of medical bills.
Fortunately, we might use Georgia’s Dram Shop Act to seek compensation from an establishment like a bar, tavern, or restaurant which served the drunk driver before the accident. The law identifies when an establishment like a tavern could be liable for a drunk driving collision:
- The defendant provided alcohol to a visibly drunk person, or
- The defendant served an underage person.
A third party will be liable if they have reason to know the drunk motorist would soon be driving. This could be as simple as seeing the driver put their keys on the bar as they order drink after drink. It is reasonable to assume the driver drove to the bar and will drive home.
Suing an establishment is one way to increase available compensation, especially if the drunk driver had only the state’s minimum liability coverage. We can submit a claim on the establishment’s business liability policy. Call our office so we can investigate if a dram shop claim is an option. We might need to interview other patrons or staff at the establishment to firm up the case.
Call Lawbike Motorcycle Injury Lawyers for Help
Our firm has written the book on how injured motorcyclists can receive fair compensation following an accident. You deserve a lawyer who has spent years focused like a laser on motorcycle accidents. These are unique personal injury cases. Lawbike Motorcycle Injury Lawyers can help document your injuries and strive to obtain fair compensation from all possible defendants. You can schedule a free consultation by contacting us by phone or online.