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Bike On Bike Action: What May Happen In Court When A Drunk Motorcyclist Hits You On Your Motorcycle

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Frequently you hear about vehicular accidents where cars and trucks hit motorcycles, but what about motorcyclists hitting other motorcyclists? It does happen, and usually because one or both drivers of these bikes were under the influence or distracted when they should have been paying attention to the road. If this has happened to you, here are some things you need to know about pursuing a case against the other motorcyclist.

Drunk Motorcyclists Are More Common

The National Highway Traffic Safety Administration (NHTSA) reports that out of all of the intoxicated drivers on the nation's highways, there is a higher percentage of intoxicated motorcyclists than drivers of passenger vehicles. That is a scary thought, given your circumstances and the fact that you are a victim of a drunken motorcycle accident. Assuming you were sober when the accident occurred, you can sue the other biker for medical expenses, lost wages and compensation for damages incurred on your motorcycle and any accessories on the bike itself. 

Compensation May Be Slow in Coming

Since the intoxicated biker that hit you will first have to be processed through DUI court and have to pay all associated fees, you may have a wait ahead of you. Additionally, if this other motorcyclist is sentenced to jail for driving his/her bike while intoxicated, you may have to wait to receive any compensation awarded to you. However, you can proceed with court hearings and the lawsuit, so long as your hearings do not interfere with the prosecutor's hearings in DUI court. At the very least, you may get a ruling in your case before the other driver goes to jail or as the other driver serves out his/her jail sentence for intoxication. Ask your motorcycle accident attorney about attaching a court ruling that will dock the other driver's wages until payment is made in full for the damages you incurred in the accident.

You May Need to Make Court Appearances from Your Hospital Bed or Appoint an "in-lieu" Representative

If your injuries are severe enough, you may be in a hospital bed for a while. If your lawyer gets a hearing time scheduled while you are still in the hospital, you may have to make appearances via televised presence. Your other option (if it is allowed where you reside) is to appoint an in-lieu representative. This is someone who is close to you and is very familiar with the case. If you had a passenger on your bike with you at the time of the accident, and he or she is fit enough to speak at the hearing, then he/she can act as representative for you both. Otherwise, find a witness or family member who can stand in for you.

For more information, contact a motorcycle accident attorney at a law firm like Gelman Gelman Wiskow & McCarthy LLC.