In upstate New York, a car driven by a man whose blood alcohol content
was over twice the limit allowed by law careened into a motorcyclist.
The biker and his passenger were rushed to the hospital. Both had serious
This is not a fictional tale. The senseless and needless accident happened
less than a year ago in the Albany area. The driver was arrested and incarcerated,
held in the county jail without the benefit of bail.
Experienced Newburgh motorcycle accident attorneys see these types of accidents all throughout the Hudson Valley regions
of New York. Of course, the criminal system will hold DWI offenders accountable.
The driver who caused the accident relayed above was indeed charged with DWI.
In fact, anyone who is driving in New York and is found to have a BAC of
0.08 or higher has violated the law. If the drunk driver is underage and
or a commercial driver, the standards are more stringent.
Residents of the Mid-Hudson Valley Region should also know that the civil
justice system allows for further accountability. Anyone violating New
York DWI statutes has also violated the civil duty owed by roadway motorists.
The duty of care for all roadway users is to operate their vehicle in
a reasonable manner, as would any other prudent motorist under similar
circumstances, so that unreasonable and preventable harm is not caused
to other people.
Violating New York Vehicle and Traffic laws and driving under the influence
of alcohol and or drugs has indeed been held by court to be unreasonable.
a motorcycle accident, bikers injured by drunk drivers can take action. If you are coherent
and physically sound enough to telephone the police, you should dial 911
immediately. Also, if physically able to do so, take pictures, notes,
and get the other driver’s personal and vehicle information. See
if witnesses are present too.
motorcycle accident victims will not be able to do many of these things due to the likelihood of serious
physical injury. As such, while recovering, you should get a copy of the
police report. Also try to remember as much as possible about the accident
and write down your recollections for later reference.
Experienced attorneys will find this information very important. The injured
should consult a motorcycle accident attorney as soon as possible after
the accident. The drunk driver can be held accountable for your damages.
“Damages” is the legal profession’s term to summarize
in one word all of the costs related to the victim’s injuries. Damages
include pain and suffering, medical bills, lost wages, lost earning potential,
and rehabilitation costs. The greater the damages, the more compensation
you, as the injured victim will be able to receive.
Learn more about New York motorcycle accidents and the risks involved in
our latest article posted here. Read about motorcycle accidents in the rain in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.