Motorcycle Drunk driving Accident Lawyers
Drunk or impaired driving is a leading cause of serious traffic accidents, and those involving motorcycle riders are no exception. In fact, the Department of Transportation’s 2020 Traffic Safety Facts report notes that “motorcycle riders involved in fatal crashes in 2020 had higher percentages of alcohol impairment than any other type of motor vehicle driver (27% for motorcycle riders, 23% for passenger car drivers, 19% for light-truck drivers, and 3% for large-truck drivers).”
According to the National Highway Traffic Safety Administration: “Alcohol and drugs, including some prescribed medications, negatively affect your judgment, coordination, balance, throttle control, and ability to shift gears. These substances also impair your alertness and reduce your reaction time. Even when you’re fully alert, it’s impossible to predict what other vehicles or pedestrians are going to do. Therefore, make sure you are alcohol and drug-free when you get on your motorcycle. Otherwise, you’ll be heading for trouble.”
Steps to Take After a Motorcycle Drunk Driving Accident in Kansas
Being involved in a motorcycle drunk driving accident in Kansas can leave you with significant personal injuries and financial losses, so it is very important that you take certain steps to protect your legal rights. After a motorcycle accident, consider the following important steps:
- First and foremost, get to a place of safety and call the authorities to report the accident. It is important that the accident be properly reported, investigated, and documented so that you preserve evidence that will help your claim.
- Seek the medical care and treatment you need as soon as possible. Get checked out at a hospital or by emergency medical technicians. Even if you feel fine at the scene, some medical conditions can take days or even weeks to show, and it is important to be seen by a professional. Continue to seek out the medical care you need to get better in the weeks and months after your accident, including rehabilitative care and physical or occupational therapy as needed.
- Try to preserve evidence from the accident, including any documentation, police reports, medical reports, and all bills and expenses. Take pictures of the scene of the accident, your personal injuries, and any damage to your motorcycle or other property.
- Get contact information for other drivers or riders who were involved in the accident, as well as any witnesses. If possible, ask witnesses to record or write a short statement about what they observed. As soon as you can, take down your own account of the accident while the details are fresh in your mind.
- Consult with an experienced and knowledgeable motorcycle accident attorney as soon as possible. They can help you understand your legal rights, options, and potential next steps. They will file and build your claim in the appropriate venue, and they will be able to negotiate on your behalf with the other party and their insurance company. Motorcycle injury claims can quickly become complex and often involve various laws — having a trusted and experienced attorney on your side can make all the difference in being able to recover compensation for your damages.
- With your attorney’s help, file a claim with the appropriate insurer, as well as a lawsuit in the appropriate court, by any applicable deadline. It is important to understand that claims need to be filed by the applicable statute of limitations, or else they may be waived. For example, in Kansas, you generally have two years to file a claim for personal injury after a motorcycle accident, after which you will not be able to recover compensation for your damages if you miss that timeline.
Common Injuries after a Motorcycle Accident with a Drunk Driver in Kansas
A drunk-driving motorcycle accident can result in serious injuries. In many cases, the motorcycle rider suffers injury to their spine, neck, or back. Traumatic brain injuries, head injuries, and concussions are also common, as are injuries to important internal organs. Road rash, whiplash, burns, and soft tissue injuries are common, and this type of accident can also result in broken bones or fractures. Some cases result in catastrophic injuries, such as partial or full paralysis, and in the most serious cases, wrongful death may result.
After being involved in a drunk-driving motorcycle accident, you will likely be faced with significant medical bills and other expenses. Filing a lawsuit and claim can help you recover damages to compensate you for your expenses, including doctor and specialist visits, hospital stays, prescription medication costs, and the costs of nursing care, home care, or rehabilitative care.
You can also recover compensation for the damages to your motorcycle, such as the costs to repair or replace your bike, along with your lost income or wages if you are unable to work after your accident. Moreover, you may be able to recover non-economic damages, including pain and suffering, mental anguish, the loss of enjoyment of activities you can no longer do, and the general decline in your quality of life.
Why Trust Bretz Injury Law with Your Motorcycle Accident Case?
A drunk driving motorcycle accident can wreak havoc on your life, leaving you with serious injuries and resulting damages. Having a knowledgeable, experienced attorney by your side to help with your motorcycle accident case can make all the difference.
According to a study by the Insurance Institute, people who hire an attorney to represent them receive two-and-a-half to three times higher settlements than those who do not seek legal assistance. Our experienced attorneys will help negotiate with the other party and their insurance company toward a fair resolution, and we will be ready to fight on your behalf in court if a settlement is not possible.
If you’ve been injured in a motorcycle accident as a result of someone else’s drunk or impaired driving, you shouldn’t have to shoulder the aftermath on your own. When you trust your case to Bretz Injury Law, you get more than a single lawyer on your side; you get an entire team of seasoned legal professionals all working together to secure the best possible outcome on your behalf.
Do motorcyclists in Kansas have to wear helmets?
Motorcyclists under 18 years old in Kansas must wear a helmet. Motorcyclists over 18 years old are not required to wear a helmet in Kansas.
Should I contact my insurance company after my motorcycle accident?
Yes, but stick to the basic facts when talking to your insurance company. Tell them things like who was involved and when/where the crash happened. Do not get into issues of fault. If you say the wrong thing—even to your own insurance company—you may harm your chances of getting a fair settlement.
What should I do if an insurance company offers me money for my accident?
Do not accept an offer without first discussing the details of the proposed agreement with our law firm. We can examine the proposal and help you decide if a financial offer for your motorcycle accident makes the most sense in your specific case.
Should I file a lawsuit if I’m injured in a motorcycle accident?
That depends. Filing a motorcycle accident lawsuit might be the best way to recover compensation for your accident. Most cases, however, can be settled. Many victims prefer a fair settlement over going to court. To learn more about all the legal options available to you, contact Bretz Injury Law to arrange a free consultation. We are available to discuss the details of your situation over the phone, meet at our office, or set up a time to meet at your home, in the hospital, or another location that is convenient for you.
How Long Do You Have to File a Motorcycle Accident Claim in Kansas?
You have a limited amount of time to take legal action after your motorcycle accident. In most situations, the statute of limitations for taking legal action in Kansas after a motorcycle accident is two years. There are some exceptions that allow you even less time to act. It is important that you act quickly so that you do not lose your right to seek compensation for your damages. Contact Bretz Injury Law in Hutchinson, Salina, Wichita, Garden City, Dodge City, Liberal, or Hays right away to learn how our lawyers can help you protect your rights and fight for the maximum compensation you are owed.