Hit by a Drunk Driver While Riding Your Motorcycle: What to Do
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. Contact us today for a free, no-obligation consultation.
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If you're an avid motorcycle rider, you already know that the risks of getting into an accident are high. However, when you're hit by a drunk driver, the accident can be especially devastating. Not only are you at risk for serious injuries, but you're also dealing with the negligent actions of someone who chose to get behind the wheel while intoxicated.
In this blog post, we'll go over the steps you should take if you're hit by a drunk driver while riding your motorcycle. We'll cover everything from seeking medical attention to working with an expert motorcycle accident attorney to recover the compensation you deserve.
Seek Medical Attention Immediately
If you've been hit by a drunk driver while riding your motorcycle, the first thing you should do is seek medical attention immediately. Even if you feel fine, you could have internal injuries that are not immediately apparent. Don't hesitate to call 911 and get an ambulance to the scene of the accident.
Once you're at the hospital, make sure to get a full medical evaluation, including x-rays and any other necessary tests. This will help ensure that you receive proper treatment for any injuries you sustained in the accident.
Understand the Importance of Safety Gear
In addition to seeking medical attention, it's important to understand the role of safety gear in protecting yourself on the road. Helmets, gloves, and other protective gear can help reduce the risk of serious injuries in the event of an accident.
If you're hit by a drunk driver while riding your motorcycle, the right safety gear can make a significant difference in the severity of your injuries. Make sure to wear a helmet that meets safety standards and fits properly, as well as gloves, a jacket, and pants made of abrasion-resistant materials. These items can help protect your head, hands, and skin in the event of a crash.
Understand the Potential Injuries
When a motorcyclist is hit by a drunk driver, the injuries sustained are often more severe than those in other types of motorcycle accidents. It's important to understand the potential injuries and their effects, as well as how they might affect the injured rider.
Common injuries in these accidents can include:
1. Broken bones: The impact of a motorcycle accident can cause fractures or breaks in the rider's arms, legs, ribs, and other bones. These injuries can be particularly painful and can require a long period of healing and rehabilitation. In some cases, they may lead to long-term or permanent disabilities.
2. Head trauma: When a rider is hit by a drunk driver, their head may hit the pavement or another object, resulting in a traumatic brain injury (TBI). TBIs can range from mild concussions to more severe injuries that result in long-term cognitive or physical disabilities.
3. Spinal cord injuries: Motorcycle accidents can also result in spinal cord injuries, which can cause partial or complete paralysis, loss of sensation, and other complications. These injuries can be particularly devastating and may require extensive medical treatment and long-term rehabilitation.
4. Internal injuries: The impact of a motorcycle accident can also cause internal injuries, such as damage to the liver, spleen, or other organs. These injuries can be life-threatening and may require emergency surgery.
The effects of these injuries can vary depending on their severity and the individual rider's health and medical history. Some potential effects include:
• Pain and suffering: Motorcycle accident injuries can cause significant physical pain and emotional distress, which can affect the rider's quality of life.
• Medical expenses: Treatment for motorcycle accident injuries can be expensive, including hospitalization, surgery, medication, and ongoing rehabilitation.
• Lost wages: Injuries sustained in a motorcycle accident can prevent the rider from working, leading to lost income and financial hardship.
• Long-term disabilities: In some cases, motorcycle accident injuries can result in long-term or permanent disabilities that can affect the rider's ability to work, care for themselves, and enjoy life.
Gather Evidence at the Scene
If you're physically able to do so, it's important to gather as much evidence as possible at the scene of the accident, and if you are unable to due to your injuries try to have someone help you including witnesses or emergency personnel. Follow this procedure:
1. Call 911: If you are physically able to do so, call 911 immediately after the accident. Inform them that you were hit by a drunk driver and request medical assistance and police support.
2. Stay at the scene: Do not leave the scene of the accident until the police arrive. This is important for your safety and for gathering evidence.
3. Take photos of the damage to your motorcycle and the other driver's vehicle: Use your smartphone or camera to take clear photos of the damage to your motorcycle and the other driver's vehicle from all angles. This will help document the extent of the damage and can be used as evidence later.
4. Look for signs of impairment: If you can do so safely, try to observe, and document any signs of impairment in the other driver. This could include slurred speech, difficulty walking, or the smell of alcohol on their breath.
5. Get the other driver's contact and insurance information: Exchange contact and insurance information with the other driver involved in the accident. Make sure to get their full name, phone number, address, and insurance company name and policy number.
6. Collect witness information: If there were any witnesses to the accident, try to get their contact information as well. This can include their name, phone number, and email address.
7. Wait for the police to arrive: Once the police arrive, provide them with your account of what happened and any evidence you've collected. The police will also conduct their own investigation and document the accident scene.
Remember that gathering evidence at the scene of the accident is crucial for building a strong case against the drunk driver. Work with an expert motorcycle accident attorney to ensure that all evidence is properly collected and preserved.
The Negligence of the Driver
When a driver chooses to get behind the wheel while intoxicated, they are acting negligently and putting other motorists at risk. If you've been hit by a drunk driver while riding your motorcycle, you may be entitled to compensation for their negligent actions.
Your attorney can help you understand the concept of negligence and how it applies to your case. They can also help you gather evidence to prove that the other driver was negligent and responsible for your injuries.
Contact an Expert Motorcycle Accident Attorney
One of the most important steps you can take after being hit by a drunk driver while riding your motorcycle is to contact an expert motorcycle accident attorney. A skilled attorney will be able to help you navigate the legal process and work to recover the compensation you deserve for your injuries and other damages.
Your attorney will work with you to gather evidence, file a claim or lawsuit against the negligent driver, and negotiate with insurance companies to ensure that you receive the full amount of compensation you're entitled to. They can also help you understand your legal rights and options as you navigate the recovery process.
Understand Your Potential Compensation
When you're hit by a drunk driver while riding your motorcycle, you may be entitled to several types of compensation. This includes compensation for medical expenses, lost wages, pain and suffering, and other damages.
Your attorney can help you understand the potential compensation you may be entitled to and work to ensure that you receive the full amount you're owed. This can include negotiating with insurance companies or taking legal action against the negligent driver.
What to Expect During Recovery and Settlement
Recovering from a motorcycle accident can be a long and difficult process, especially if you've sustained serious injuries. Depending on the severity of your injuries, you may need to undergo surgery, physical therapy, and other medical treatments.
During this time, your attorney can help you navigate the process of settling your case. They can negotiate with insurance companies to ensure that you receive the full amount of compensation you're entitled to. If necessary, they can also take your case to court to ensure that you receive a fair settlement or judgment.
Ultimately, the goal of your motorcycle accident case is to help you recover completely, both financially and medically. This means receiving compensation for your injuries and other damage, as well as getting the medical treatment you need to recover fully.
Conclusion
If you're hit by a drunk driver while riding your motorcycle, it can be a traumatic and devastating experience. However, by taking the right steps and working with an expert motorcycle accident attorney, you can recover fully and receive the compensation you're entitled to.
Remember to seek medical attention immediately, gather evidence at the scene of the accident, and contact an attorney as soon as possible. With the right support and guidance, you can navigate the legal process and get back on the road to recovery.
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Frequently Asked Questions
How long do I have to file a lawsuit after being hit by a drunk driver while riding my motorcycle in California?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit against the drunk driver, under the statute of limitations established by California Code of Civil Procedure Section 335.1. If the drunk driver was a government employee — for example, an on-duty officer — you must file a government tort claim within just six months of the incident. Missing these deadlines almost always means losing your right to compensation entirely, so it's critical to speak with a motorcycle accident attorney as soon as possible after the crash.
Can I get punitive damages if the driver who hit me was drunk?
Yes — California Civil Code Section 3294 allows courts to award punitive damages when a defendant's conduct is found to be malicious, oppressive, or fraudulent, and California courts have repeatedly recognized that driving drunk can qualify as 'conscious disregard for the safety of others,' which meets that standard. Punitive damages are awarded on top of your compensatory damages for medical bills, lost wages, and pain and suffering, and they can significantly increase your total recovery. Because punitive damage claims require specific legal arguments and evidence, having an experienced motorcycle accident attorney building your case is especially important.
What happens if the drunk driver who hit me doesn't have insurance or doesn't have enough coverage?
If the drunk driver is uninsured or underinsured, you may be able to recover compensation through your own Uninsured/Underinsured Motorist (UM/UIM) coverage, which California law under Insurance Code Section 11580.2 requires insurers to offer to all policyholders. Additionally, if the drunk driver was overserved at a bar or restaurant before the crash, California's Dram Shop liability principles — though more limited here than in other states — may allow you to pursue a claim against that establishment under certain circumstances. An attorney can help you identify every available source of recovery so you're not left covering life-altering costs out of pocket.
Will my motorcycle accident settlement be larger because the other driver was drunk?
Being hit by a drunk driver typically strengthens your injury claim and can result in a larger settlement for several reasons: the drunk driver's conduct is clearly negligent, liability is often easier to establish using the DUI arrest and police report, and — as noted above — you may also be eligible for punitive damages under California Civil Code Section 3294. Settlement values in California drunk driving motorcycle accident cases vary widely based on injury severity, insurance policy limits, and lost earning capacity, but serious injury cases routinely settle or result in verdicts well into six or seven figures. A California motorcycle accident attorney can evaluate the specific facts of your case and give you a realistic picture of what your claim may be worth.
What mistakes do motorcycle accident victims most often make after being hit by a drunk driver that hurt their case?
One of the most damaging mistakes is delaying medical treatment — gaps in care give insurance adjusters ammunition to argue that your injuries weren't serious or weren't caused by the crash. Another common error is speaking directly with the at-fault driver's insurance company without an attorney, since adjusters are trained to get statements that minimize your claim and California law does not require you to give a recorded statement to the opposing insurer. Finally, many riders accept an early settlement offer before the full extent of their injuries — including long-term conditions like traumatic brain injuries or spinal damage — is understood, which permanently closes the door on additional compensation.
Does it matter if I wasn't wearing a helmet when the drunk driver hit me in California?
California Vehicle Code Section 27803 requires all motorcycle riders and passengers to wear a DOT-approved helmet, so riding without one technically means you were violating state law. Under California's pure comparative fault system (California Civil Code Section 1714), a jury could assign you a percentage of fault for your own head injuries if you weren't helmeted, which would reduce your total compensation by that percentage — but it would not eliminate your right to recover damages for your other injuries. In short, not wearing a helmet doesn't destroy your case, but it can meaningfully reduce what you recover for head and brain injuries, making it a critical factor your attorney needs to address strategically.
Can I still recover compensation if the drunk driver was criminally charged but not yet convicted?
Absolutely — your civil personal injury claim and the criminal DUI case against the driver are entirely separate legal proceedings in California, and you do not need to wait for a criminal conviction to move forward with your lawsuit or insurance claim. In fact, evidence gathered during the criminal case — such as the DUI arrest record, blood alcohol content (BAC) test results, and the police report — can be extremely valuable in supporting your civil case. A skilled California motorcycle accident attorney can begin building your civil claim immediately, preserving evidence and protecting your rights while the criminal process plays out on its own timeline.