How to Prove Negligence in Motorcycle Accidents Caused by Drunk Drivers

Posted on February 8, 2025 in Motorcycle Accident

Being in a motorcycle accident caused by a drunk driver can be a terrifying and life-altering experience. If you are a motorcyclist who has suffered an injury in a crash with a drunk driver, you may have the legal right to substantial financial compensation. The drunk driver must fully pay for all of your damages once you show that they are to blame for the accident. However, you still need to establish your right to compensation before you can even begin to talk about a settlement agreement.

To win your case, you must prove that the driver was negligent in the events surrounding your accident. Demonstrating negligence requires evidence you may not have. Because of your injuries, you were likely unable to gather proof at the scene. A motorcycle accident attorney can do this investigation for you when you hire them after your crash. However, you need to contact them quickly before you lose the evidence you need to prove your case.

If you have not already spoken with a motorcycle accident lawyer, now is the time to call one to schedule a free initial consultation. You will not have to pay them anything for the conversation, and you may learn a lot about your case and your potential pathway to financial compensation.

Proving negligence in motorcycle accidents caused by drunk drivers is a complex process. It requires gathering evidence, interviewing witnesses, and analyzing police reports. A skilled motorcycle accident lawyer has the experience and resources to build a strong case on your behalf.

Further, you are under no obligation to pay a motorcycle accident attorney anything unless you receive money for your injuries in the form of a settlement or jury agreement. A motorcycle accident lawyer works on a contingency basis, meaning they get paid directly from the proceeds of your case. You will not owe your motorcycle attorney any payment if you do not receive a settlement or jury award.

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You Can Seek Compensation for Your Motorcycle Accident Injuries in a Separate Process

Even though the driver may face criminal charges, that is not the full extent of their liability when they are responsible for your injuries. In a criminal case, the prosecutor must prove their case beyond a reasonable doubt to win a conviction. They may seek to reach a plea agreement with the drunk driver to win a quicker conviction. The civil litigation process, however, is independent of the criminal justice process. As a motorcycle accident victim, you have the right to seek financial compensation from the driver who was responsible for your accident.

The civil case is entirely separate from the criminal proceedings and has a different standard of proof. Even if the criminal court acquits the drunk driver of the charges, the civil court can hold the driver civilly liable for the crash because your standard of proof is lower. Here, you need to prove your civil case by a preponderance of the evidence, meaning that the facts that you allege are more likely than not to be true. Numerically, this equates to a 51 percent certainty of the truth of your facts.

You Can Only Prove Negligence Through the Use of Evidence

Regardless of whether the driver was under the influence, you still need evidence that shows what they did to cause the accident. Although it is extremely rare, there is a chance that the drunk driver may not have done something wrong other than get behind the wheel after drinking. In that case, while they may face criminal penalties, they are not liable in a civil case.

The question then becomes how you show negligence in your car accident case, and you must prove liability in the same way as in any other type of motorcycle accident claim. Your motorcycle accident lawyer will gather evidence that shows what the other driver did and compare it to what a reasonable driver would have done under the circumstances.

Evidence That You Can Use in Your Motorcycle Accident Case

Even though you may know that the driver was drunk, you still need evidence for a civil claim or at trial beyond the fact that they were driving while intoxicated. Forms of proof that you can use for your drunk driving car accident claim include:

• Statements from eyewitnesses who saw how the motorist was driving at the time of the accident
• Pictures from the scene of the accident at the time of the accident or immediately afterward
• Bodycam or dashcam footage from the officer at the scene showing how the driver was acting at the time of the crash
• Any video footage of the accident itself or from drivers in the vicinity that can show what the motorist was doing before the crash
• The police report from the accident, noting their observations about what they think caused the crash and the fact that the driver appeared to be under the influence
• Testimony from an accident reconstruction expert who can use principles of math and physics to recreate the actual crash

Your motorcycle accident lawyer can compile this evidence in the days after the accident, but you need to hire them quickly before it disappears. Motorcycle accident evidence has a limited shelf life, and it is not available to you indefinitely. The longer you wait to hire a motorcycle accident lawyer, the harder it becomes to prove your case.

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The Insurance Company May Still Try to Blame You for the Accident

You still need evidence about the accident because the driver’s insurance company will intently review the facts. Insurance companies may try to find a way to reduce their tab by saying you were partially at fault for the accident. For example, they may claim that you were speeding at the time that the drunk driver hit you, and these allegations can reduce the size of your motorcycle accident settlement check. Your motorcycle accident attorney needs to defend you from any wrongful allegations, even if a drunk driver caused the accident. Otherwise, there is no one to oppose the insurance company when it tries to cut the amount it owes you.

You Can Use a Guilty Plea as Evidence in Your Civil Case

The fact that the legal system convicted the driver of a crime is not enough evidence of their negligence in a civil case. You can use a guilty plea that the defendant may make in a deal with the prosecutor as evidence in your civil case. However, most drunk driving defendants will plead no contest to the charges in a plea deal because they know that a guilty plea will automatically doom them in a civil case. Thus, when a drunk driver pleads no contest to the charges as part of a deal, you still need to prove your civil case.

You Can Obtain the Results of Breath or Blood Tests

If liability for the accident is a close call, it may help your case to obtain the test results that show that the driver was intoxicated. If the police officer noticed that the driver appeared under the influence at the accident scene, they likely administered one or more tests. They may have given the driver a field sobriety test and asked them to blow into a breathalyzer. If the driver refused to take the test, the police may have obtained a search warrant to draw blood from the driver.

The police will likely not cooperate with you if your drunk driving accident lawyer asks them to provide you with test results. However, there is another way that you can obtain these test results to use in your civil case. Your drunk driving accident attorney can seek a subpoena from the court, which requires the police to hand this information over to you. Then, the insurance company and even a jury can see that the driver was drunk, which may help your civil case. You may have more leverage in settlement negotiations because the insurance company may not want to go to trial when its policyholder was intoxicated at the time of the accident. Insurance companies risk a far worse outcome if they push their hand too far.

Financial Compensation for a Drunk Driving Accident

You will discuss financial compensation with their insurance company once you prove the driver was liable for the accident. Here, you have more leverage than you may think. Insurance companies are afraid of having to face a jury because a motorcyclist who suffered an injury from a drunk driver is a sympathetic plaintiff. Juries may even award punitive damages, which insurance companies want to avoid at all costs. Even though these types of damages are rare in a motor vehicle accident case, they are entirely possible when there is a drunk driver who has recklessly endangered others on the road and has caused serious injuries.

Thus, you have the freedom to negotiate compensation with the insurance company. Your drunk driving accident compensation will include the following items:

• Medical expenses
• Lost earnings
• Property damage
• Pain and suffering
• Scarring and disfigurement
• Loss of enjoyment of life
• Embarrassment and humiliation

You Are Free to Negotiate with the Insurance Company

If the insurance company makes an inadequate settlement offer, you are free to reject it and demand the amount of money you believe you deserve. There is a strong likelihood that your drunk driving accident case will result in a settlement because of the insurance company’s fear of litigation. Still, you need a motorcycle accident lawyer to estimate your case’s value and conduct negotiations with the insurance company. Even when the facts and law are on your side, you want someone skilled at negotiating to bring the insurance company in line. That is exactly where your motorcycle accident attorney comes into the picture. Insurance companies have every reason to fear you when you approach them with an experienced motorcycle accident lawyer.

You Always Need a Motorcycle Accident Attorney for Your Case

When it comes to motorcycle accidents caused by drunk drivers, proving negligence and seeking compensation can be a challenging process. Thus, even if you think that liability is evident in your case, there are many reasons why you need to hire a motorcycle accident lawyer. Their job is to fight to maximize your financial recovery. Insurance companies may only take you seriously if you have solid legal representation.

A motorcycle accident lawyer can establish that the drunk driver’s actions directly caused your injuries. They can gather medical records, consult with experts, and assess the extent of your injuries to determine the damages you have a legal right to. These damages can include compensation for medical expenses, lost earnings, pain and suffering, and other hardships resulting from the accident.

If a drunk driver caused your motorcycle accident, it is important to consult with a motorcycle accident lawyer. They have the knowledge, experience, and resources to help you deal with the legal process and prove negligence. Your lawyer will protect your rights and maximize your chances of receiving the compensation you deserve. Do not hesitate to contact a personal injury lawyer today to discuss your case.

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