For commuter car drivers, motorcycle riders, and anyone else over the age of 21 operating a non-commercial vehicle on public roads in Texas, the legal limit for blood alcohol concentration (BAC) is 0.08 percent. This means that anyone who drives with a BAC equal to or higher than that amount—or who drives while meaningfully “impaired” by alcohol or any kind of drug—has committed the criminal offense of driving under the influence, which carries significant penalties that may include jail time.
However, the criminal justice process is not built to help people who get hurt in motorcycle crashes caused by drunk drivers. Getting a favorable result from a civil claim after this type of incident can be far from simple. When you are dealing with injuries that you believe an intoxicated driver is to blame for, you should make speaking with a Colleyville drunk driving motorcycle accident lawyer one of your top priorities.
Does a DUI Charge Always Make Someone Liable for a Motorcycle Wreck?
Since drunk driving is against the law in Texas, anyone who engages in this behavior has violated the “duty of care” incumbent on all drivers to act lawfully and responsibly behind the wheel at all times. If someone breaches their “duty of care” and then directly causes an accident resulting in an injury serious enough to need professional medical care, they have met all the criteria for legal “negligence.” This is the legal principle around which virtually all successful motorcycle accident claims in Texas are built.
It is worth noting as well that someone does not necessarily have to be convicted of or even charged with DUI in criminal court to be held civilly liable for a crash they were involved in while allegedly drunk. As a Colleyville drunk driving motorcycle accident attorney could explain in more detail, civil claims are subject to a less strict standard of proof than criminal trials. They are “based on a preponderance of evidence” rather than “beyond a reasonable doubt,” so the two types of cases could have different outcomes based on the same evidence.
For a free legal consultation, call (817) 775-5364
How “Comparative Fault” Could Affect Recovery Efforts
Another thing worth mentioning in the context of civil lawsuits against drunk drivers, though, is “comparative fault”—in other words, the degree to which an injured person is to blame for causing their injuries through their own misconduct. While drunk driving counts as negligent behavior, it does not excuse an injured person from any negligence of their own, such as speeding through an intersection where a drunk driver ran a red light and T-boned them.
Suppose a court assigns a percentage of “comparative fault” to someone injured by a drunk driver in a Colleyville motorcycle accident. In that case, that court can then reduce the total compensation available to them or even bar them from recovery altogether based on their share of the total fault. A qualified lawyer could go into further detail about this “modified comparative fault” system—codified in Texas Civil Practice & Remedies Code §§ 33.001 through 33.017—during a private consultation.
Colleyville Drunk Driver Motorcycle Accident Lawyer Near Me (817) 775-5364
Contact a Colleyville Drunk Driving Motorcycle Accident Attorney for Help
Drunk drivers put themselves and everyone around them at risk of serious harm for every second they spend out on the road, and motorcyclists caught up in wrecks caused by these drivers tend to suffer especially severe consequences. Even if it seems obvious that someone else is at fault for injuring you in this way, though, you will likely need help from seasoned legal counsel if you want to get paid fairly for all your ensuing damages.
Guidance from a Colleyville drunk driving motorcycle accident lawyer could be crucial to protecting your rights in the short-term and preserving your best interests in the long-term. Call today to schedule a free consultation with a local lawyer.
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