Knoxville Drunk Driving Motorcycle Accidents

Motorcycle accident victims usually suffer severe injuries, especially if the driver of the other vehicle was intoxicated. Common injuries include contusions, cuts, and road rash that could lead to permanent scarring or disfigurement. Broken bones or fractures and head and brain injuries are also common injuries suffered by motorcyclists. Depending on point of impact, a motorcycle wreck can turn fatal. If you have been injured in a motorcycle accident with a drunk driver, you could be entitled to compensation for your medical bills, prescription expenses, lost wages, lost future earnings, permanent scarring or disfigurement, pain and suffering, and loss of enjoyment of life caused by the defendant’s negligence.

Who is responsible for paying these damages? If the driver of the other vehicle was intoxicated, then more than likely he will be responsible for your losses. You must, however, prove that he was negligent. If the other driver was legally intoxicated, which in Tennessee means he had a blood alcohol concentration (BAC) level of 0.08% or more, and was charged with driving under the influence, you may be able to proceed with your bodily injury claim under a theory of negligence per se. Negligence per se, or negligence as a matter of law, means that the defendant’s negligence is presumed by his violation of a safety law, here the drunk driving law.

It is important to note that a criminal conviction of the defendant’s DUI charge is not required in order for an injured motorcyclist to succeed on a drunk driving motorcycle accident claim in civil court. The burden of proof in Tennessee criminal cases (beyond a reasonable doubt) is higher than in civil cases (preponderance of the evidence), and many criminal charges are dismissed due to a legal technicality that would have no bearing on the civil injury claim.

Tennessee law requires all drivers to carry at least $25,000 in liability insurance per person for bodily injuries and $50,000 per accident in which more than one person is injured. Since motorcyclists usually suffer serious injuries requiring surgery, rehabilitation, and prolonged hospitalization and treatment, their medical bills alone may exceed $25,000. In these cases, it is especially important to contact a knowledgeable motorcycle accident attorney to help maximize your recovery. Hiring the right attorney can ensure all insurance policies are examined to determine the full extent of coverage available, in addition to reviewing your own insurance policy to ascertain whether you have underinsured motorist or medical payments coverage that can help to make you whole after a devastating accident.