Motorcycle accidents
Facts of Motorcycle Accident
Between 2016 and 2018, more than 1200 motorcyclists were arrested for DUI in California. The Federal Bureau of Investigation (FBI) reports that the use of cannabis among motorists continues to increase each day. The report further shows that 15 % of motorists have drugs on them, and about 25% of them have an increased chance of being involved in an accident.
The CDC Injury Center reported that most at-fault parties are teens in every drug-related motorcycle accident. The report showed that teens do not have the correct driving experience and lack the mental capacity to recognize potential hazards. When the teens take drugs then drive, the result is catastrophic.
According to California laws, you have the right to seek compensation when an intoxicated driver hits you. An intoxicated driver is one who has consumed drugs or alcohol that interferes with their judgment to drive a vehicle. You don’t have to wait for the driver to be convicted before filing the personal injury suit—all you need to show that the driver acted irresponsibly according to California law. Driving irresponsibility includes driving with your blood alcohol concentration (“BAC”) higher than the legal limit. It is against the law to drive with a BAC of either 0.08% or higher. High quantities of blood in your system means you cannot concentrate on whatever you are doing.
A motorist who is intoxicated by drugs will find it hard to maintain a sober mind and drive carelessly. He/she won’t see others to check whether it is safe before changing lanes or even make turns. An intoxicated motorist is also not likely to stop at a red sign. A motorcycle that s approaching in the other direction will crash on the vehicle resulting in a horrific accident. The accident can also happen when the motorcyclist has parked his/her motorcycle on the parking lot before the intoxicated motorist drives recklessly and injures them.
Punitive Damages
The purpose of a personal injury suit and settlement is to make the injured party feel whole again. During a settlement, a judge may decide that compensatory damages are not enough. For this reason, he/she will award punitive damages to the defendant. The main aim of these damages at this point is to act as a deterrent to other motorists. Also, the damages are meant to teach the defendant that acting in gross negligence has consequences. However, before the judge awards the punitive damages, the attorney should show that the intoxicated driver is guilty of the following:
- Oppression
- Malice
- Fraud
Malice is an essential element that proves that defendant is intoxicated. According to California Civil Code 3294(c)(a), malice is willfully acting without regard to road users’ lives and safety.