Drunk Driving Motorcycle Accidents
A drunk driver on a motorcycle is one of the leading causes of traffic accidents in Orlando, involving fatalities of the driver, pedestrian, or other road users. Under Florida law, Orlando drunk driving is not considered a case of negligence. The driver knowingly gets behind the wheel, resulting in Intoxicated crashes. The driver is well aware that drunk driving on a motorcycle can lead to serious consequences.
Florida Motorcycle Riding After Drinking
Florida motorcycle riding after drinking will be punished if a driver has a blood-alcohol level of 0.08 ppm (BAC) or higher. Anything above that will be considered drunk driving. A police officer must be present when the person causing the accident takes a blood alcohol test. The drunk motorcycle rider in Orlando may refuse to submit to the test, but will be instructed to take the test himself within a few hours at his own expense. It is not uncommon to encounter a situation in which a motorcyclist does not trust a police officer and chooses to take the test himself. If you were stopped by a police officer and refuse to take the examination (including self-examination), you are automatically considered a violator.
Effects of Alcohol on Motorcycle Riding Ability
The Motorcycle Safety Foundation (MSF) has researched the effects of alcohol on motorcycle riders. Drunk riders generally showed longer reaction times, resulting in more errors. Studies have shown that driver reactions are slower when there is 0.08 % alcohol in the blood. Some drivers have slowed reaction times at 0.05 %. Along with this, it has been determined that 0.08 % is a potentially dangerous amount of alcohol in the driver’s blood.
Liability for an Orlando Motorcycle Accident
Under Florida law, not only motorcycle drivers are liable for alcohol-related accidents, but also the other parties involved.
If an employer uses the motorcycle as a commercial vehicle and the driver gets in an intoxicated crash, the employer is partially liable. In this case, it is necessary to carefully review the insurance terms and conditions. Our experienced Orlando lawyer can help you more thoroughly understand motorcycle accidents caused by drunk driving.
A bar, restaurant, or retail store that sold alcohol to a person under the age of 21 may also be liable for a drunk driving accident.
In addition, there is a special provision in the state: If individuals, stores, restaurants, or bars have sold alcohol to a person recognized as an “avid alcoholic,” and that person has caused alcohol-related accidents, then such persons are also fully liable under the law.
Whatever the case, we recommend getting help from our attorney, who can tell you in more detail about all kinds of liability after a drunk driving accident
Drunk Driving Motorcycle Accident FAQs
All intoxicated crashes have severe consequences for the motorcyclist. How should a motorcycle accident victim act? What do I need to know about the specifics of Florida law? Our lawyers answer the most common questions.
How do I prove liability for a drunk driver involved in a motorcycle accident?
If you are involved in an Orlando drunk driving motorcycle accident, you should immediately notify 911 and wait for a police officer to arrive. If the motorcycle driver has fled, document the situation with a mobile device (video, audio, photo) or gather information from witnesses to the accident. The driver of a motorcycle who was involved in an accident and fled will face stiff penalties under the law.
How long will it take to resolve my motorcycle accident drunk driving case?
It takes three to six months to complete a drunk driving motorcycle accident case after the documents are filed. In some cases, it may take an indefinite period for the case to be heard by a state or county court. An important condition to keep in mind is that you must file your claim within four years of the date when the intoxicated crash occurred.
What happens if my drunk driving motorcycle accident case involves a hit-and-run driver?
In this case, the driver will face charges in addition to being charged for drunk driving. There is additional criminal liability for a drunk motorcyclist. Seek the help of our attorney, who can help you correctly file your claim for this situation.
What types of damage can I pursue from a drunk driver?
Depending on the circumstances of the accident, you may be able to claim economic damages, non-economic damages, and punitive damages from the at-fault party.
Help from an Orlando Motorcycle Accident Lawyer
Have you been the victim of a motorcycle accident involving a drunk driver? Do you believe that a police officer is falsely accusing you of having a higher than normal blood alcohol content? Bring your case to our lawyer, get a free initial consultation, and rest assured that your rights will be protected.
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Contacts
THE NUNEZ LAW FIRM ORLANDO LOCATION
(407) 264-8773
TheNunezLawFirm@gmail.comWe are open Monday-Friday 9am-5pm.