In a June 2024 accident, a driver was almost three times over the legal limit when he struck and killed a motorist in Orange County. The motorcyclist died at the scene.
California Motorcycle Accident Statistics
In 2020, in California, there were:
- 571 crashes and 589 fatalities involving motorcyclists and scooters
- 10,269 motorcyclists and scooter operators in injury crashes
- 5,399 total drivers of all types were involved in fatal crashes (10% were motorcyclists)
- 257,386 drivers of all types in injury crashes (4% were motorcyclists)
Fatalities for motorcyclists are proportionally high compared to other drivers. Motorcyclists are especially likely to suffer fatal injuries when accidents occur, including drunk driving motorcycle accidents.
California DUI Motorcycle Accidents
In 2020 in California, there were 92 fatal crashes where the motorcycle driver was at fault, and drunk driving was the primary cause.
These crashes represented 23.8% of all fatal accidents where the motorcyclist was at fault. The only primary crash factor leading to more collisions than drunk driving was unsafe speed, with 136 fatal crashes by comparison.
For injury crashes where the motorcyclist is at fault, drunk driving is the primary crash factor 6.3% of the time. For injuries, both unsafe speed and improper turning outrank drunk driving as the primary crash factor. However, there were still 379 non-fatal injury crashes where the motorcycle was primarily at fault and the primary cause was drunk driving in California in 2020.
Source: California Highway Patrol, 2020 Annual Report
The Dangers of Drunk Driving for Motorcyclists
Drunk driving is dangerous for motorcyclists for many reasons.
Perception
A person who is under the influence of alcohol can’t receive or process information like a sober person. Their ability to concentrate is compromised. When a driver isn’t perceiving information around them, they may not make sound judgments or maneuver their vehicle well.
Judgment
Driving requires decision-making. A driver must assess and avoid risk. Under the influence of alcohol, a person doesn’t have the same judgment-making skills that they may have normally.
Coordination
Driving is physical as well as mental. A driver must coordinate their body to use the gas and brake pedals and steer effectively. With poor coordination, a drunk driver may be more likely to cause an accident.
Multitasking
Driving a passenger vehicle requires multitasking. A person must control both their speed and the lane they are in. They must watch their stopping distance and the vehicles around them.
Alcohol impedes the ability to multitask. Driving is likely to be poor under the influence of alcohol because a person can’t properly divide their attention among the many tasks that happen while driving.
Vehicle size
Another reason that drunk driving is dangerous for motorcyclists is that a motorcycle is small compared to a motor vehicle. Passenger cars vary in size and weight, but the average motorcycle is much smaller than the average passenger car. Drunk driving is especially dangerous for motorcycles because their vehicles are less able to absorb the force of impact.
Legal Steps To Take After a Drunk Driver Motorcycle Accident
After a drunk driver motorcycle accident, take the following steps:
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- Move to safety, if you can do so without causing further injury
- Call emergency responders, including police and medical responders
- Seek medical attention, prioritizing it over everything else
- Exchange information with drivers and witnesses, including driver’s license, license plate, and registration, addresses, and phone numbers
- Photograph the accident scene
- Get a copy of the collision report
- Investigate criminal charges or citations that may have been issued
- Continue to receive medical care and follow care instructions
- Speak with an attorney as soon as possible
For a drunk driving motorcycle accident, law enforcement should respond to the scene. You may see them conduct a drunk driving investigation for the other driver. The driver may have been arrested at the scene, or charges may be issued later.
Sometimes, criminal charges take several days to be finalized, and they may not appear in a search right away.
Having a civil case doesn’t depend on whether criminal charges are filed or the outcome of criminal charges. The standard for criminal guilt is different than that for civil liability. Don’t wait to begin building your claim. Contact a lawyer as soon as possible to begin gathering evidence for your case.
How To Gather Evidence To Prove Driver Intoxication
Law enforcement work may be an important part of building the evidence in your case, but it should be only the beginning. Proving driver intoxication may involve an expert witness to explain the effects of alcohol. The factual and scientific evidence you build must be admissible under evidence rules, proving all elements of the claim and your right to compensation.
Compensation for Victims of Drunk Driving Accidents
Victims of drunk driving accidents may claim economic and non-economic compensation. This may include the following:
- Cost of medical care
- Future medical expenses
- Lost wages
- Motorcycle damage
- Riding gear damage
- Pain and suffering
- Emotional anguish
- Disfigurement
Some categories of damages, such as disfigurement from road rash and pain and suffering from broken bones, may be especially severe for a motorcycle rider. Compensation is not limited by the fact that the victim is a motorcyclist. They may claim the full amount of their damages. Punitive damages may be claimed because of the egregious nature of drunk driving.
How California Drunk Driving Laws Affect Victim Compensation
The drunk driver might be criminally charged. But don’t count on the criminal case to get you the compensation that you deserve. A criminal conviction may result in the offender being ordered to pay restitution. However, it is limited compared to what can be ordered in a civil case, and enforcement mechanisms are limited. Bringing a civil claim is the way to get compensation for a drunk driver motorcycle accident in California. You may have representation from an attorney.
Contact an Experienced San Bernardino Motorcycle Accident Lawyer
LA Century Law represents victims in compensation claims. We handle drunk driver motorcycle accidents in California. See why clients have relied on us to claim millions of dollars with a 99% success rate. Call or message us now.