Impaired Driving Accidents
One of the most common causes of a motorcycle accident is a drunk driver who fails to see a motorcyclist or fails to recognize how close they are to the motorcycle. If you were injured by an impaired driver while you were riding a motorcycle, it is essential that you select an experienced motorcycle accident attorney. You need an attorney who is familiar with the legal theories that apply and can help you seek the full scope of the damages that you have suffered. The Boston motorcycle accident lawyers at Breakstone, White & Gluck have investigated and resolved many personal injury claims on behalf of victims throughout Massachusetts, and we are ready to help you fight for the justice that you deserve against an intoxicated driver.Assert Your Right to Compensation Following an Impaired Driving Accident
If you were involved in an accident with a driver who was under the influence of alcohol or drugs, you likely have a strong case for liability. Anyone who gets behind the wheel while drunk or drugged has violated Massachusetts law and thus likely will be found at fault for a resulting broadside or head-on collision. Your attorney will need to show that the defendant failed to use the appropriate care and to drive safely. Most judges and juries would agree that impaired driving meets this standard. The testimony of the investigating police officers or from eyewitnesses about the driver’s actions may be useful in proving liability. Even if the defendant was not actually convicted of operating under the influence (OUI) or a related criminal charge, this does not mean that you will not prevail in your civil claim. Showing that someone is guilty of a crime beyond a reasonable doubt, which is required in the criminal justice system, is a much more challenging task than proving liability by a preponderance of the evidence. This is the standard of proof in a civil case, which means that the defendant was more likely than not negligent and at fault for causing the collision.
When it comes to compensation for an impaired driving accident, you are entitled to a variety of damages for your injuries. Some of the most common types of damages that injured people receive include reimbursement for medical expenses, the costs of future care, lost wages, property damage, diminished earning capacity, and pain and suffering. When the injuries are permanent, you are entitled to compensation for those injuries, and for the loss of your ability to enjoy life. Hiring an experienced attorney will make a huge difference in the amount of damages that you are awarded, since your case.
In some cases, a defendant might argue that the motorcyclist also acted negligently. Perhaps some evidence suggests that they were speeding near an intersection or engaging in another risky maneuver at the time of the crash. Even if this is true, you likely still can recover a reduced amount of damages from an impaired driver, as long as you were not 51 percent or more at fault for the crash. This is the modified version of the comparative negligence principle in Massachusetts. Our personal injury lawyers understand the tactics that defendants and their insurers often use to try to dodge responsibility, and we will prepare strategies to counter them.
Some people who drive drunk have made other questionable decisions regarding their responsibilities, such as failing to obtain proper insurance or leaving the scene of the accident. If you have uninsured or underinsured insurance coverage through your own insurer, you may need to turn to your own policy to get full compensation for your losses in an accident. We can help you bring this type of claim as well. Because motorcycle accidents can be devastating, we urge all motorcyclists to carry large amounts of coverage for medical payments, underinsured motorist coverage, and underinsured motorist coverage. You need to protect yourself!Seek Guidance from a Boston Lawyer Following Your Motorcycle Accident
At Breakstone, White & Gluck, we have seen how devastating a broadside collision or another motorcycle crash can be for a victim and their loved ones. If you or someone you love was injured in an impaired driving accident, you probably have urgent questions about whether you may be entitled to compensation and how to go about exploring your legal rights. Assisting victims in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, our attorneys offer a free consultation to discuss your situation and how we can assist you. Call us now at 1-800-379-1244 or contact us online.