Driving while intoxicated can be a felony in Texas. While the at-fault driver is likely to face charges, they are also responsible for covering damages caused to others. If you suffered injuries in a motorcycle collision with a drunk driver, you can seek compensation.
An experienced Galveston drunk driving motorcycle accident lawyer can help you understand what you are entitled to and how to build a case. Working with a skilled motorcycle accident attorney can help you receive the money you deserve.
Proving Drunk Driving Negligence
While it may seem that an intoxicated driver is automatically at fault for the accident, a drunk driving motorcycle accident lawyer in Galveston would still have to prove four elements of negligence:
- Duty of Care: All drivers in Texas have a legal duty to operate their vehicles safely and follow traffic laws. This includes driving sober and staying alert to protect others on the road.
- Breach of Duty: Driving while intoxicated violates this duty of care. Evidence such as a failed breath test or a DUI arrest can help show that the driver acted negligently.
- Causation: The victim must show that the driver’s intoxication caused the motorcycle accident directly. This means linking the impaired driving to the crash itself.
- Damages: The injured motorcyclist must prove they suffered losses because of the accident. These may include medical bills, lost income, and property damage.
To prove negligence, an attorney would have to collect different types of evidence. It may include police reports, medical bills, and expert witness testimony. The goal is to link the intoxication directly to the damages suffered by the motorcyclist.
Damages in a DWI Motorcycle Accident Case
If your DWI motorcycle accident attorney in Galveston can prove negligence, the next step is to demand damage recovery. The damages in such cases can be economic and non-economic. The former are related to the expenses you incur due to the accident, while the latter compensate you for the loss of quality of life.
Driving while intoxicated is often viewed as gross negligence because the driver knowingly chose to get behind the wheel while impaired. This conscious disregard for the safety of others makes punitive damages more likely in these cases. If awarded, you will receive compensation in addition to general damage recovery.
Statute of Limitations
Even if you can clearly prove the drunk driver’s fault, you still have a limited time to file a lawsuit. In Texas, the statute of limitations gives you two years from the date of the accident to take legal action.
The longer you put off filing a personal injury lawsuit, the harder it can be for your legal team to gather evidence and prove negligence. The faster you speak to an attorney after the crash, the more tools they will have to win the case.
Talk to an Experienced Galveston Attorney About Your Motorcycle Crash Involving an Intoxicated Driver
Receiving compensation after getting hurt by a drunk driver may be hard due to multiple complexities. A skilled Galveston drunk driving motorcycle accident lawyer can help you build a strong case and receive the money you deserve.
At Schechter, Shaffer & Harris, we have decades of combined experience helping victims of negligent actions on the road recover full compensation. Contact us to discuss your case today.
