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Steps to Take After a Motorcycle Accident Caused by a Drunk Driver

August 18, 2023
Motorcycle Accident

After being involved in an incident involving a drunk driver, people often have many questions. What are your options if you were injured in a motorcycle crash that was caused by a drunk driver? Can you sue if the driver was intoxicated? Will you receive compensation if you were partially at fault?

Motorcycle accident victims might need help filing a motorcycle accident claim to pursue compensation for damages against a drunk driver. But when should you call a motorcycle accident lawyer to assist you with the claim?

Common Injuries in a Motorcycle Accident Claim

Motorcycle accidents often leave victims with severe injuries due to being thrown from the bike. While you might always wear your helmet and leathers, motorcycles don’t offer the same protections as riding in the cab of a car and wearing a seatbelt. Here are some common injuries after motorcycle accidents:

  • Broken bones
  • Cuts and deep lacerations
  • Road rash
  • Hand and foot injuries
  • Concussions
  • Neck injuries
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Skull fractures
  • Death

Motorcycle accident victims struck by a drunk driver may suffer more severe injuries due to the delayed response time of the inebriated driver. Driving while intoxicated can cause a driver to take longer to apply the brakes or take other evasive actions, often causing horrific injuries to others. 

What to Do After a Motorcycle Crash

What steps should you take immediately after a crash? The first thing you should do is seek medical assistance. For serious injuries, you need an ambulance as soon as possible. However, if your injuries don’t seem severe at the time, you can visit a clinic or your physician the next day to get scans like X-rays and MRIs. It is important to get checked out to ensure that you are not injured and, if you are, so that proper treatment for those injuries can begin as soon as possible. 

After a crash, you should:

  1. Call for medical attention if you have severe injuries.
  2. Call the police to come and take a police report. If you suspect the driver who hit you has been drinking, ensure the police are aware so they can perform a field sobriety test and include the results in their report.
  3. If you remain at the scene to wait for the police to arrive, take pictures of any property damage to your bike, the driver’s car and any visible injuries.
  4. If there are any witnesses, get their contact information to give to the police so they don’t have to wait around (witnesses have no obligation to stay on the scene).
  5. Call your insurance company to report the accident, but do not make any additional statements. Instead, inform them that your lawyer will be in touch to confirm the details.
  6. Call a knowledgeable motorcycle accident lawyer near you to manage your motorcycle accident claim.

What to Know About Filing a Motorcycle Accident Claim

Insurance companies often deny or devalue legitimate claims in personal injury cases. You might need to file your case in court to pursue a fair settlement. Sometimes, the standard for compensation in a case varies depending on the state where the accident occurred. For example, in New Mexico, the courts follow a pure comparative negligence rule, while Texas follows a modified comparative negligence rule. Attorneys experienced in this area of law can help you understand and navigate these issues. 

Contact an Experienced Motorcycle Accident Lawyer

When you need a skilled motorcycle accident lawyer in New Mexico or Texas call Fadduol, Cluff, Hardy & Conaway, P.C. Call us today at 432-335-0399 or contact us online to schedule a consultation at one of our offices.