Drunk Driving Motorcycle Accidents

One of the first steps in successfully obtaining recovery following a drunk driving motorcycle accident is establishing a claim for negligence. Negligence involves the breach of a duty of care owed to a person that causes injury to that person. Given the known dangers involved in driving while intoxicated, juries are highly likely to find that the intoxicated driver breached a duty of care owed to the victim. Since Tennessee law prohibits driving with a blood alcohol concentration (BAC) of .08% or greater, the driver’s negligence can also be established simply by showing that the driver violated those Tennessee laws. This is known as negligence per se, or negligence as a matter of law.

Once the driver’s negligence has been established, proving your damages will become another important aspect of your case. For most motorcycle accident victims, damages will include medical bills, lost wages, and pain and suffering. In a drunk driving motorcycle accident case, it is likely that the victim will have suffered injuries catastrophic enough to cause lasting, permanent impairment. In that case, the victim will likely need continual medical care well into the future. The victim’s injuries may also prevent them from returning to work, or from working ever again. When it comes to damages like future medical expenses and lost earning capacity, the opinion of an expert witness may be necessary to prove the amount of damages that a victim is entitled to recover.

If the victim was killed in the accident, there are other types of damages that may be recoverable by the victim’s estate and survivors. These include funeral expenses, loss of society and companionship, and what is known as loss of consortium. An experienced motorcycle accident lawyer in Memphis will know what damages you are entitled to based on the facts of your case, as well as the relevant burden of proof to satisfy under the law.