Maison Law Accident & Injury Lawyers of Fremont helps injury victims in motorcycle accidents throughout the city. Fremont offers excellent conditions for riding a motorcycle, but this also raises the risk of accidents, particularly if a driver is under the influence of drugs or alcohol. If this happens, our team is here to provide legal guidance and support. Contact us today for a free consultation to talk about your options.
Why Would You Need a Lawyer?
If your motorcycle accident only causes minor injuries, you might not need a lawyer. But what makes a motorcycle accident different from most other types of accidents is that they often cause serious injuries–and these injuries are even more severe when someone is under the influence. The more serious your injuries are, the more our lawyers can help you get fair outcomes from the claims process. Here’s what we can do for you:
- Explain your rights and options under the law
- Help you gather evidence and show that the driver was impaired at the time
- Negotiate with insurance companies for a settlement
- File a lawsuit and represent you in court, if necessary
Insurance companies often try to pay out as little as they can. But you always have our team to support your claim and guide you through the process.
What Legal Options Do You Have After a DUI Motorcycle Accident in Fremont?
Legally speaking, your options don’t change when you’re injured in a motorcycle accident caused by a DUI. While the person that’s driving under the influence will also likely face criminal charges, they’re usually liable for your “damages” in a civil claim.
To get these damages, you generally have two options:
- Filing an insurance claim
- Filing a personal injury lawsuit
Both processes are fairly similar, with the main difference being that the insurance claims process is less formal and happens outside of court. That’s why an insurance company gets to decide how much they want to give you for your injuries.
So, while a lawsuit takes more time and effort, it’s a fairer process. Overseen by a judge and potentially a jury, you have a better chance at recovering the financial support you need to cover all of your damages, which can include things like:
- Medical expenses and ongoing care needs
- Lost income or lost earning potential if you’re permanently injured
- Repair/replacement costs for your motorcycle or any other damaged property
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death expenses in fatal accidents
- Punitive damages because driving under the influence amounts to intentional and reckless negligence
One of the toughest things about these types of motorcycle accidents is that you might not immediately know how severe your damages are. That’s where our experienced team comes in. We’ll track and document all your damages for you. Then, we’ll build a strong case to make sure we get a fair outcome.
Also, you have to act quickly to make sure your claim is filed within California’s statute of limitations, which is two years from the date of the accident.
Who’s Liable For Damages in a DUI Motorcycle Accident?
A DUI motorcycle accident is one of the worst types of accidents for victims. But, at least in legal terms, it’s really no different than any other type of motorcycle accident when it comes to determining liability.
You might think that the driver that’s under the influence is liable, and you would be right. DUI is one of the clearest examples of negligence, and the legal responsibility for any resulting injuries from this accident is going to fall heavily on them. But they’re not the only ones that could be liable. Others, even if they weren’t on the scene, could share liability. This usually involves:
- Other drivers
- Road agencies (through the Fremont city government)
- Car or motorcycle makers
- Property owners that allowed drinking or drug use, then allowed people to drive. This can include businesses like bars or restaurants.
Obviously, every situation is different. And while the driver is going to carry most of the responsibility, it’s vital to figure out every liable party. This gives you more options for recovering your damages. But, you have to put together a strong claim.
How Can You Strengthen Your Claim For Damages After a DUI Motorcycle Accident?
If you’re injured in a DUI motorcycle accident, liability is usually clear, but you still need to build a strong case to recover damages. Follow these steps to gather the necessary information:
- Call 911 – Immediately call 911 for both ambulance and police. This will dispatch the Fremont Police Department to the scene. Let them know if you suspect the driver was under the influence, so they can investigate. Let EMTs handle any injuries, and get further care at your doctor once the scene is taken care of.
- Start getting evidence – If it’s safe, take photos or videos of the accident scene, including your injuries, damage to your motorcycle, and the other vehicle’s damage. You might also try to get evidence of the other driver’s impairment, like skid marks or making note of the smell of alcohol.
- Gather important information – Collect contact details, insurance information, and the license plate number of the intoxicated driver. If there’s witnesses, get their information. Ask the police for help if needed.
- Cooperate with police – If you think that the driver is under the influence, the police will investigate the scene and the other driver. Answer their questions, but don’t admit fault. Your statements could be used during the claims process.
- Keep track of your losses – Keep all medical bills and documents related to the accident as evidence of your injuries and damages. Don’t repair any damaged property until you’ve documented it.
Again, it’s hard to overstate just how important these steps are. Even though liability is fairly clear, the legal process is still going to ask you to show your losses. This is another area where our team can step in and help you protect your interests. One problem, though, is that it could be difficult to take these steps because of the likely severity of these accidents.
How Are DUI Motorcycle Accidents More Severe?
Regardless of where or when they happen in Fremont, a DUI motorcycle accident is going to be severe–even by the standards of both DUI and motorcycle accidents themselves. It’s not difficult to see why: DUI makes it hard to react or drive safely. When you factor in that a motorcycle is more difficult to deal with under ideal conditions, its difficulty is magnified when the other driver is impaired. This not only results in all different types of accidents, but results in more serious versions of injuries like:
- Traumatic brain injuries and concussions
- Broken bones and fractures, particularly skull fractures (even if there’s a helmet)
- Road rash
- Bruising
- Burns
- Torn ligaments
- Loss of limbs
In most of these accidents, the injuries are going to be plentiful–if not also fatal. This makes the legal process–and your particular case–very important to your recovery. That’s where you can rely on our team’s experience and guidance.
Help from Experienced Fremont DUI Motorcycle Accident Lawyers
At Maison Law Accident & Injury Lawyers of Fremont, we understand the challenges and complexities that DUI motorcycle accidents bring you and your family. If you or a loved one is dealing with significant injuries, vehicle damage, or a tragic loss due to the accident, our team of Fremont DUI motorcycle accident lawyers are here to help. Contact us today for a free consultation to discuss your case and explore your legal options.