Drunk Driver Motorcycle Accidents: Claims Against Intoxicated Motorists and Dram Shops

Drunk drivers cause devastating motorcycle accidents because impaired motorists can't perceive, react to, and avoid motorcycles. When an intoxicated driver injures you, claims against the driver and potentially against bars or restaurants that served them can provide substantial compensation.

Drunk Driver Liability

Drunk drivers are automatically negligent when their impairment causes accidents. Blood alcohol levels above the legal limit (.08% in most states) establish per se negligence. Even BAC below legal limits supports negligence claims if impairment contributed to the crash.

DUI convictions in criminal court provide powerful evidence in civil cases. While criminal cases require proof beyond reasonable doubt, civil cases use the lower preponderance standard - if the driver was convicted, civil liability is nearly certain.

Criminal proceedings shouldn't delay your civil claim. You can pursue compensation while criminal charges are pending. Your attorney can obtain evidence through civil discovery that supplements criminal case materials.

Evidence of Intoxication

Police reports typically document observations suggesting intoxication - odor of alcohol, slurred speech, bloodshot eyes, and field sobriety test results. Officers' trained observations carry significant weight.

BAC test results, whether from breathalyzer or blood draw, provide objective evidence of impairment. Even if test results are suppressed in criminal proceedings due to procedural errors, they may remain admissible in civil cases.

Witness observations about the driver's behavior before the crash - stumbling, slurred speech, drinking at bars - corroborate impairment. Bar receipts and credit card records document alcohol purchases.

Damages Against Drunk Drivers

Standard negligence damages include medical expenses, lost wages, and pain and suffering. However, drunk driving cases often justify enhanced damages due to the egregious nature of the conduct.

Punitive damages are frequently available against drunk drivers. Courts recognize that driving impaired demonstrates conscious disregard for others' safety, justifying punishment beyond compensatory damages.

Punitive damage amounts vary but can be substantial multiples of compensatory damages. These awards punish the wrongdoer and deter others from similar conduct.

Dram Shop Liability

Dram shop laws hold bars, restaurants, and liquor stores liable for serving alcohol to visibly intoxicated persons who then cause accidents. Most states have some form of dram shop liability, though requirements vary.

To establish dram shop liability, you typically must prove the establishment served alcohol to the driver, the driver was visibly intoxicated when served, and that service contributed to intoxication that caused your injuries.

Visible intoxication is key. Establishments aren't liable simply because they served someone who later caused an accident - they must have served someone showing obvious signs of impairment.

Evidence for Dram Shop Claims

Identifying where the drunk driver drank requires investigation. Credit card and bank records show bar and restaurant purchases. Cell phone location data may establish presence at drinking establishments.

Witness testimony from bartenders, servers, and other patrons establishes what the driver consumed and how they appeared. Surveillance video from establishments may show visible intoxication.

Expert toxicologists can calculate backward extrapolation to estimate BAC at the time of service based on BAC at the time of the accident. This helps prove the driver was already impaired when served.

Social Host Liability

Some states extend liability to social hosts who serve alcohol at private parties or gatherings. If someone served drinks at a house party knowing the guest would drive, they may share liability.

Social host liability varies significantly by state. Some states impose liability only for serving minors, while others extend it to serving any visibly intoxicated person.

Employers hosting events where alcohol is served may face liability under social host theories or direct negligence for failing to prevent impaired employees from driving.

Insurance Coverage Considerations

Drunk drivers' personal auto policies typically cover their liability despite the illegal conduct. However, coverage limits may be insufficient for serious motorcycle injuries.

Commercial liability policies for bars and restaurants typically have higher limits than personal auto policies. Successful dram shop claims access this additional coverage.

Your own uninsured/underinsured motorist coverage supplements recovery when the drunk driver lacks adequate insurance. Review your policy limits to understand available protection.

Criminal Restitution

Criminal courts may order drunk drivers to pay restitution to victims as part of sentencing. Restitution typically covers economic losses like medical bills and lost wages.

Restitution orders don't replace civil claims - you can pursue full compensation including pain and suffering through civil litigation regardless of criminal restitution.

Work with prosecutors' victim advocates to ensure your losses are documented for restitution calculations. However, rely on civil claims for complete compensation.

Wrongful Death Claims

When drunk driving accidents kill motorcyclists, families can pursue wrongful death claims. Damages include funeral expenses, lost financial support, loss of companionship, and the decedent's pre-death pain and suffering.

Punitive damages remain available in wrongful death cases against drunk drivers. Juries often award substantial punitive damages when drunk driving kills innocent victims.

Dram shop claims provide additional recovery sources when drunk driver assets and insurance prove insufficient to compensate families fully.

Protecting Your Drunk Driving Claim

Preserve all evidence of intoxication - request police reports promptly, identify the driver's drinking locations, and document witness observations. Evidence of impairment strengthens both liability and damages claims.

Consult a motorcycle accident attorney experienced in drunk driving cases. These claims involve complex investigation and potentially multiple defendants requiring coordinated strategies.

Don't settle quickly. Drunk driving cases often justify premium settlements due to punitive damage exposure and egregious facts. Ensure you receive full value for your claim.