Drunk Driving Motorcycle Accidents
Motorcyclists, like automobile drivers, are expected to pay attention to the road and abide by all vehicle laws. However, a motorcyclist’s level of care does not protect them from drunk drivers. If you or someone close to you has suffered injuries in a drunk driving motorcycle accident, the experienced Miami motorcycle accident lawyers at the Law Offices of Robert Dixon can help. We diligently represent motor vehicle collision victims throughout South Florida, including in Broward, Miami-Dade, and Palm Beach Counties. The devastating aftermath of a drunk driving motorcycle accident can be overwhelming, and we are here to defend your right to compensation and justice.Asserting Your Legal Rights After a DUI Motorcycle Accident
Drivers using or abusing drugs or alcohol while operating a vehicle in Florida can be held accountable when they cause a crash and resulting harm. A personal injury lawsuit against the at-fault driver can help you or a loved one hurt in a DUI motorcycle crash to recover compensation for your harm. Families who have lost a loved one may pursue a wrongful death claim on behalf of their deceased. A skilled personal injury attorney can help you to understand an appropriate legal claim after a drunk driving motorcycle accident.
Typically, negligence forms the basis of motorcycle accident lawsuits, however, a driver who is convicted of a DUI presents a different scenario. For personal injury claims against drivers that have been convicted of a DUI, the legal theory may proceed as negligence per se, not negligence. The difference between the two legal theories is that there is an automatic presumption of a breached duty of care when an individual breaks a law, harming a person that the law was intended to protect. Florida laws prohibiting drunk driving are intended to protect innocent drivers, passengers, and others on the road from injury. A driver convicted of a DUI will face a presumption of negligence. If a motorcyclist was the drunk driver, the law remains the same; a presumption of negligence aids the victim in establishing liability because they do not need to show a breached duty of care.Recovering Damages for Harm Suffered in a Drunk Driving Motorcycle Accident
Following a drunk driving motorcycle crash, the injured victim and their family should account for all accident-related costs. Quantifying costs is important because personal injury lawsuits provide a method for the victim to recover expenses that have been incurred. Damages that may be available to successful plaintiffs in a personal injury lawsuit include loss of wages, emotional pain and suffering, medical expenses, and loss of consortium. Additionally, a successful legal claim provides a way for the victim to recover future accident-related costs. For example, physical therapy and ongoing medical care are damages that may be accounted for following a drunk driving motorcycle crash. It is important to note that while emotional pain and suffering may not be easily quantified, a decreased quality of life signficantly affects the lives of victims and their loved ones and is important to set forth in a damages claim.
Florida law requires that personal injury actions be filed within four years from the date of the accident. This statute of limitations must be followed in order to preserve your claim for compensation. If the family of a loved one is pursuing a wrongful death claim, the lawsuit must be brought within two years from the date of death.Consult a Miami Lawyer Regarding Your Motorcycle Accident Claim
At the Law Offices of Robert Dixon, we will aggressively set forth your claim to puruse the compensation to which you may be entitled. The devastating impact of a drunk driving motorcycle accident often leaves victims facing dire financial, emotional, and physical consequences. Our Miami attorneys provide you and your family with personal, effective representation, making clear your legal rights and obligations. We represent people throughout Florida, and including in Miami, Fort Lauderdale, and West Palm Beach. For a free consultation, please call us at 877.499.4878 or contact us online.