Imagine this: You’re out enjoying a ride, the wind in your face, the road stretching ahead. Then, out of nowhere, a car swerves into your lane. You barely have time to react before the impact. Later, you find out the driver was drunk.
It’s a nightmare no motorcyclist should have to experience, yet it happens far too often. Drunk drivers put everyone at risk, but motorcyclists face an even higher danger. Without the protection of a car’s frame, a crash can mean life-altering injuries or worse.
If you or someone you love has suffered an injury in a motorcycle accident caused by drunk driving, you’re probably feeling angry, frustrated, and confused at the same time.
“How do I prove the drunk driver was negligent?” “What kind of evidence do I need?” “And how do I make sure I get the compensation I deserve?”
This guide will walk you through the process, step by step, so you can focus on healing while holding the responsible party accountable. For expert legal guidance, consult a Bakersfield motorcycle accident lawyer.
What Is Drunk Driving?
Drunk driving is one of the most reckless choices a person can make behind the wheel. And yet, it’s a choice hundreds of drivers around the country make. As a result, more than 13,000 people lose their lives annually, according to the National Highway Traffic Safety Administration (NHTSA).
When someone gets behind the wheel after drinking, they put everyone on the road at risk—including motorcyclists, who have little protection against a crash. How? Alcohol impairs judgment, slows reaction times, and reduces coordination. It affects vision, making it harder to judge distances or recognize dangers in time.
For motorcyclists, every second counts on the road. The split-second delay in reaction time caused by alcohol can be the difference between a close call and a devastating collision.
Drunk drivers may not realize how fast they’re going, how close they are to other vehicles, or when they need to hit the brakes. For motorcyclists, this can mean disaster. A car drifting into its lane, running a red light, or failing to stop in time can result in a catastrophic accident.
The law sets clear limits to prevent drunk driving. In most states, the legal blood alcohol concentration (BAC) limit is 0.08 percent. That means if a driver’s BAC is at or above this level, they are legally impaired.
However, even a BAC below 0.08 percent can impair a driver’s ability to operate a vehicle safely. Some people show signs of impairment at lower levels, and even “buzzed” driving can be dangerous. If a driver had any alcohol in their system and caused an accident, they can still be held responsible for their reckless behavior.
Why Drunk Drivers Are Likely to Cause Motorcycle Accidents
Drunk drivers are unpredictable and dangerous. Here are some of the most common traffic violations committed by drunk drivers that put motorcyclists at risk:
- Swerving between lanes: Drunk drivers struggle to maintain control, drifting in and out of lanes unpredictably.
- Running red lights or stop signs: Alcohol slows reaction times, leading to failure to obey traffic signals.
- Speeding or driving too slowly: Some drunk drivers go too fast, while others drive too slowly, creating unpredictable hazards. According to data by the NHTSA, over 40 percent of speeding drivers involved in fatal crashes have a BAC of .08 percent or higher.
- Tailgating: Drunk drivers may misjudge the space between vehicles and follow motorcycles too closely.
- Failing to yield the right of way: Impaired judgment leads to reckless decisions, such as pulling out in front of oncoming motorcycles.
- Driving the wrong way on a road: Some intoxicated drivers get confused and enter highways or one-way streets in the wrong direction.
- Sudden or illegal turns: A drunk driver might turn without signaling or turn into oncoming traffic, catching motorcyclists off guard.
Drunk drivers make the road a dangerous place for everyone, but for motorcyclists, the risk is even greater. Unlike car passengers, motorcyclists have no seat belts, airbags, or protective metal frames—just a helmet and protective gear, which often aren’t enough to prevent serious injuries.
How Negligence Is Established in a Motorcycle Accident
Negligence is the foundation of any personal injury claim, including those involving motorcycle accidents. If another driver’s reckless or careless actions led to your injuries, you have the right to hold them accountable. But how do you prove negligence?
To establish negligence in a motorcycle accident, you must demonstrate four key elements:
Duty of Care
Every driver has a legal responsibility to drive safely and follow traffic laws.
- Example: A driver is responsible for staying sober while behind the wheel and ensuring they do not drive under the influence of alcohol or drugs.
Breach of Duty
The driver failed to uphold this responsibility by acting recklessly, carelessly, or illegally.
- Example: A driver decides to drive home after consuming several drinks at a bar, even though they are over the legal BAC limit.
Causation
Their actions directly led to the accident.
- Example: The intoxicated driver fails to stop at a red light, crashing into a motorcyclist who had the right of way.
Damages
You suffered injuries or financial losses as a result of the accident.
- Example: The motorcyclist suffers multiple fractures, requiring surgery and extensive physical therapy, leading to high medical bills and lost earnings.
When a motorcycle accident is caused by a drunk driver, proving negligence becomes even more clear-cut. Drunk driving is illegal in all states, and any driver over the legal blood alcohol concentration (BAC) limit is already violating the law. In legal terms, this is known as negligence per se—meaning that because the driver broke a law designed to protect public safety, their negligence is presumed.
What Evidence to Collect When a Collision Is Caused by a Drunk Driver?
When an impaired driver causes a motorcycle accident, you still need evidence as part of your legal case to obtain compensation. And the stronger your evidence, the easier it will be to prove liability and recover the compensation you deserve.
But what exactly should you gather? Here’s a breakdown of key pieces of evidence for your claim:
Police Reports
One of the first things to obtain after an accident involving a drunk driver is the police report. Law enforcement officers document everything at the scene, including:
- The driver’s behavior, such as slurred speech or the smell of alcohol
- Field sobriety test results
- Breathalyzer or blood test results showing blood alcohol concentration (BAC)
- Any citations or arrests made at the scene
A police report is an official, unbiased account of what happened and serves as one of the strongest pieces of evidence in motorcycle accidents caused by drunk drivers.
Breathalyzer or Blood Test Results
If the driver was given a breathalyzer or blood test, the results can also be used for your case. A BAC level of 0.08 percent or higher is legally considered intoxicated, but even lower levels can contribute to impaired driving. Request copies of these test results as part of your evidence.
Note: In California, for example, police officers have the right to ask a driver to take a blood or urine test when they reasonably believe that the driver is under the influence of alcohol or drugs, according to the state’s Department of Motor Vehicles (DMV).
Witness Statements
Eyewitnesses can provide valuable insight into how the accident occurred. If other drivers, pedestrians, or bystanders saw the drunk driver’s reckless behavior before or during the crash, their testimony can strengthen your claim. Witness statements can help confirm signs of intoxication, such as swerving or erratic driving, speeding, sudden braking, and others.
Traffic Camera or Dashcam Footage
In today’s world, cameras are literally everywhere. Many intersections have traffic cameras, and some drivers have dashcams. If your accident occurred in a busy area, check whether any surveillance footage captured the moment of the crash and, more importantly, the drunk driver’s reckless behavior seconds before the collision. Dashcam footage from your motorcycle or other vehicles can also provide clear visual evidence of what happened.
Photos from the Scene
Right after the accident, if you can, take pictures of:
- The vehicles involved showing damage and impact points
- Skid marks, broken glass, or any debris on the road
- Street signs, traffic lights, and road conditions
- Any visible injuries you sustained
These images help reconstruct the accident and show the severity of the crash.
Medical Records
Medical records serve as proof of the physical harm you suffered due to the accident. Be sure to keep documentation of:
- Emergency room visits
- Diagnoses and treatments
- Surgeries, medications, or physical therapy
- Medical bills and expenses
The more thorough your medical documentation, the easier it will be to claim damages for medical costs and ongoing care.
Proof of Lost Earnings and Financial Losses
If your injuries prevent you from working, you may be entitled to compensation for lost earnings. Keep records of pay stubs and income statements, employer statements confirming time missed due to injuries, and any other financial losses caused by the accident, such as motorcycle repairs or transportation costs.
Statements from Experts
Accident reconstruction experts can analyze the scene and determine how the crash happened, while medical experts can testify about the extent of your injuries and the long-term impact on your health. Their professional opinions add credibility to your claim.
Remember: The more evidence you have, the harder it will be for the drunk driver or their insurance company to deny responsibility. Drunk driving is reckless and inexcusable, and you deserve justice. However, some pieces of evidence are easier to collect than others. That’s why you may need the assistance of a motorcycle accident lawyer when it comes to gathering, organizing, and presenting evidence to ensure you recover full and fair compensation.
What About Dram Shop Liability?
Dram shop liability refers to laws that hold bars, restaurants, and other establishments accountable for serving alcohol to visibly intoxicated individuals who later cause harm. The idea behind these laws is simple: businesses that profit from selling alcohol should also bear some responsibility when their customers become a danger to others on the road.
In states with strict dram shop laws, an injured party can file a claim against the establishment that over-served the drunk driver. This is particularly important in cases where the driver was excessively intoxicated, yet a bar or restaurant continued serving them alcohol. If it can be proven that the business knew or should have known the customer was already impaired, they may be held liable for damages resulting from the accident.
According to a report by StopAlcoholAbuse.gov, 45 states imposed dram shop liability as of January 2021. However, dram shop liability laws vary widely across states. Some states have broad liability, meaning establishments can be held responsible for any over-service that leads to an accident. Others have limited or no dram shop liability, making it harder for victims to take legal action against a business.
In California, for example, bars and restaurants are not held liable for serving alcohol to adults who later cause a crash. The law assumes that the responsibility for drinking and driving falls primarily on the individual who consumed the alcohol rather than the establishment that served it.
How Can an Attorney Help if You Were Injured in a Motorcycle Accident Caused by Drunk Driving?
Being hit by a drunk driver while riding your motorcycle is more than just a bad day—it can turn your world upside down. You are left dealing with injuries, medical bills, lost earnings, and the stress of fighting insurance companies.
Remember, you are not alone. You can hire a motorcycle accident attorney and enjoy peace of mind knowing they will handle all of the following for you—and will do it professionally:
- Build a legal case with evidence: A motorcycle accident attorney will gather evidence such as police reports, breathalyzer results, and witness statements to prove the driver’s intoxication. They will also collect medical records and expert opinions to demonstrate the full extent of your injuries.
- Deal with insurance companies: Insurance companies often try to pay victims as little as possible. A motorcycle accident lawyer will negotiate with adjusters to ensure you receive fair compensation for expenses, losses, and damages.
- File a lawsuit if necessary: If settlement negotiations fail, an injury attorney can file a lawsuit and represent you in court. They will present compelling evidence to hold the drunk driver accountable and fight for the maximum compensation.
A Motorcycle Accident Attorney Is Standing By
A Bakersfield personal injury lawyer will fight to hold the drunk driver accountable while ensuring you receive the financial support needed to get your life back to normal. The sooner you take action, the stronger your case will be, as some pieces of evidence lose their significance or become unavailable over time.