A drunk driver is one of the most dangerous hazards you can encounter while driving any motor vehicle, and especially while you are riding a motorcycle without airbags, seatbelts, or any other standard safety devices. Even worse, if you do end up getting hurt in a motorcycle wreck caused by someone driving under the influence (DUI), successfully filing suit against them could be more challenging than you would expect.
It is essential to have professional help with this type of case, as working with a credible motorcycle wreck attorney could improve your chances of securing a favorable outcome from a lawsuit or settlement demand. If you were hurt in a motorcycle wreck because someone else was driving while intoxicated, you should speak with a Houston drunk driving motorcycle accident lawyer from our team as soon as possible.
DUI as Grounds for a Personal Injury Lawsuit
While it is against the law in Texas to operate a motor vehicle while impaired by alcohol or drugs, the fact that drunk driving is illegal is not what makes a drunk driver civilly liable for a crash. Instead, the important factor when it comes to civil fault for drunk driving motorcycle crashes is whether you can prove another person’s intoxication was the primary reason you suffered a specific physical injury.
Negligence—the legal theory most personal injury claims are based on—requires not only a violation of a duty to act responsibly under certain circumstances but also direct causation of compensable losses through that breach of duty. Proving this to a civil court is one of many parts of the legal process that can be hard to manage alone after an incident of this nature, so it is a good idea to seek help from a Houston lawyer after a motorcycle accident involving a drunk driver.
Can You Sue a Drunk Driver Even if Criminal Charges Are Dropped?
Fortunately, criminal charges against the driver involved in your crash can sometimes work in your favor. While the civil and criminal court systems are entirely separate from each other, a criminal conviction for DUI can be used as evidence in support of a claim for civil compensation if the defendant’s drunkenness was a primary reason behind your motorcycle wreck.
Furthermore, even if the drunk driver at fault for your recent Houston motorcycle collision is acquitted in court, has their charges dismissed, or is never even charged in the first place, a lawyer from our team may still be able to help you hold them civilly liable for your injuries. This is possible because personal injury lawsuits have a lower standard of proof than criminal cases, meaning that someone can be found civilly at fault for an injury without necessarily being found guilty of criminal wrongdoing.
Contact a Houston Attorney About a Drunk Driving Motorcycle Crash
Like anyone else operating any other kind of vehicle, motorcyclists have the right to protection from avoidable harm due to someone else’s illegal behavior, whether it is a simple moving violation or something more serious, such as DUI. If a drunk driver’s misconduct led to your injury, however, you have professional help available with seeking financial restitution.
A Houston drunk driving motorcycle accident lawyer from KGS Law PLLC could be a steadfast ally throughout your legal proceedings. Call today to learn more.