Motorcyclists have little physical protection when another driver makes a dangerous decision. When that choice involves driving after drinking, the resulting crash can leave a rider with severe injuries and lasting questions about how the driver’s intoxication may affect an injury claim.
If an impaired motorist caused your crash, a Katy drunk driving motorcycle accident lawyer from our firm could help you determine who may be financially responsible. At Schechter, Shaffer & Harris, our motorcyclist injury attorneys could investigate your collision and work to preserve evidence of intoxication and negligence.
Drunk Driving and Liability in a Motorcycle Crash
Drunk driving can support both a criminal driving while intoxicated (DWI) case and a separate civil claim. A police investigation and chemical test results may provide evidence for both. A motorcyclist’s injury case focuses on whether the other driver’s conduct caused the crash and the resulting losses. Evidence might show that an impaired driver crossed the center line or failed to yield before hitting the rider.
Motorcycles lack the enclosed structure of a car, so rider injuries can be severe. Depending on the circumstances of your motorcycle crash, our impaired driving attorneys in Katy could pursue compensation for:
- Medical expenses and anticipated future care
- Lost wages and diminished earning capacity
- Physical pain and mental anguish
- Physical impairment or disfigurement
- Motorcycle repair or replacement costs
In serious cases, the driver’s conduct may also support a claim for exemplary damages. Under Texas Civil Practice and Remedies Code § 41.003, a claimant must prove gross negligence by clear and convincing evidence to recover these damages, and intoxication alone does not automatically meet that standard.
Does a DWI Charge Decide Your Civil Accident Claim?
A criminal DWI case and your civil claim serve different purposes and proceed separately. The government prosecutes the DWI, while an injured rider brings a civil claim for losses resulting from another party’s negligence. You do not have to wait for the criminal case to end before protecting your civil rights, and the absence of a conviction does not settle whether the driver was negligent.
Our team could gather and review the crash evidence independently of the criminal proceedings. Depending on the case, our Katy lawyers could obtain police reports and camera footage alongside information about where the intoxicated driver had been drinking before the motorcycle wreck.
Building a Claim After a Motorcycle Collision
Insurers may also scrutinize the rider’s own actions. The state allows motorcyclists aged 21 or older to ride without a helmet if they qualify under the exception in Transportation Code § 661.003. Therefore, whether helmet use matters to a claim depends on the facts rather than assumptions about riders.
Our Katy attorneys handling impaired driving cases could examine how the motorcycle collision happened and identify the available insurance coverage. This investigation may reveal whether someone in addition to the impaired driver shares liability. Under Tex. Civ. Prac. & Rem. Code § 16.003, you must generally file a lawsuit within two years of the crash.
Contact Our Katy Legal Team After an Intoxicated Driver Motorcycle Crash
An impaired driving crash can result in medical bills and financial strain while a separate criminal investigation continues. You should not have to determine on your own how that investigation affects your ability to recover compensation.
Speak with a Katy drunk driving motorcycle accident lawyer at Schechter, Shaffer & Harris about your situation. We could review what happened, explain the civil claims process, and help you consider your options.
