Criminal charges are one of the consequences that a drunk driver may face when they injure a motorcyclist. The fact that a driver is charged with a crime and convicted may give you a form of justice and accountability, but it does not put money in your pocket that you need to pay for your injuries. Criminal charges do not deprive you of your independent right to seek compensation for a drunk driving motorcycle accident injury. If you have been injured in a motorcycle crash, always seek help from a lawyer, and you will learn your legal rights.
The Criminal Drunk Driving Case Is Distinct from the Legal Process
There are two parallel legal tracks in a drunk driving motorcycle accident case.
The prosecutor charging the driver would be largely independent of the civil legal process. They would work separately, and they would need to meet their own burden of proof to win the case. The prosecutor would need to prove the criminal case beyond a reasonable doubt to win a conviction. The standard is akin to 100% certainty that a jury would have of the defendant’s guilt. The prosecutor would not necessarily have an interest in you getting money, so they would not work with your motorcycle accident lawyer.
The drunk driving accident civil process is different. You do not have to prove your case beyond a reasonable doubt, which makes it easier for you to win. You would have to show by a preponderance of the evidence that the driver should be held liable. Unlike the prosecutor, you do not even have to prove that the driver was drunk at the time of the accident. All you need to show is that they did something that would be considered unreasonable beyond the circumstances, and the action that caused them to hit you on your bike could be sufficient.
There is even a chance that you would be able to win your case if the prosecutor somehow does not win a conviction, or the driver does not plead guilty. In many cases, the insurance company does not even want to fight you on liability because they do not want to take the chance of going to trial in front of what could be a very angry jury.
Remember that the prosecutor is usually not going to do anything to help your drunk driving civil case. You may need your lawyer to subpoena information that could show that the driver was drunk at the time of the accident. You could potentially still obtain breathalyzer or blood test results that could demonstrate that they were intoxicated.
Civil Damages in a Drunk Driving Motorcycle Accident
If you are successful in your drunk driving accident civil case, you could be entitled to a substantial amount of damages. Your drunk driving motorcycle accident compensation could include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Loss of enjoyment of life
If the motorcycle accident took the life of your loved one, your family would be able to file a wrongful death lawsuit. Here, you would be able to receive damages for your own personal injury of losing a loved one in a tragic and untimely manner.
The real battle in a drunk driving motorcycle accident civil case is securing enough compensation. The insurance company may readily concede liability only to make you a very low settlement offer. You would still need a motorcycle accident lawyer to fight for full compensation, whether it is through settlement negotiations or a trial in front of a jury.
Contact a Montgomery County Motorcycle Accident Lawyer at Bikers Have Rights Today
If you have been injured by a drunk driver while on your bike, get legal help from a Montgomery County motorcycle accident lawyer at Bikers Have Rights to pursue maximum legal compensation on your behalf. You can schedule a free initial consultation by calling 215-525-1616 or 877-333-0300 or contact us online. Located in Plymouth Meeting, Pennsylvania, we proudly serve injured motorcyclists in Pennsylvania and New Jersey.