If you’ve been injured in a DUI motorcycle accident, you’re not just facing physical pain. You’re left with questions, stress, and the overwhelming weight of “what now?”
A motorcycle rider is more likely to be involved in an accident, more likely to die from injuries sustained in an accident, and, according to new research, more likely to be harmed in a drunk driving accident.
This guide will help you understand the unique dangers motorcyclists face in DUI crashes and how you can take action to protect your future.
How Often Does a DUI on a Motorcycle Happen?
According to the 2024 SafeTREC Traffic Safety Facts: Motorcycle Safety, motorcycles comprise only 3.4% of registered vehicles in 2022, yet account for nearly 14.6% of all traffic deaths. Why? One primary reason: alcohol. Studies show that:
- In 2023, 26% of fatally injured motorcycle drivers had a blood alcohol concentration (BAC) at or above 0.08%.
- 40% of motorcycle riders who died in single-vehicle crashes were alcohol-impaired.
The reality is that drunk driving puts motorcyclists at extreme risk. Riders have no seat belts, no airbags, and very little protection. When a drunk driver swerves, speeds, or fails to yield, it’s the motorcyclist who often suffers more severe consequences.
Understanding Motorcycle DUI Laws in California
Driving while intoxicated is illegal in California. According to California Vehicle Code 23152, driving with a BAC of 0.08% or above is prohibited.
Moreover, you’re considered impaired when your blood alcohol content (BAC) meets or exceeds legal limits:
- 0.08% or higher if you’re 21 or older.
- 0.01% or higher if you’re under 21 or on DUI probation.
- 0.04% or higher if you’re driving a commercial vehicle, or even pretending not to be the driver while still in control of one.
But what happens after a DUI charge?
For many, a first offense may seem like a mistake that can be fixed. But even a first DUI can carry life-altering consequences:
- Up to six months in county jail
- Fines ranging from $390 to $1,000
- Vehicle impoundment and costly storage fees
- Additional penalties and assessments that could total over $3,600
- A 30-hour DUI education class
Can a DUI violation become a felony?
Some DUI charges go far beyond fines and classes. In California, a DUI becomes a felony when:
- It causes serious injury to another person
- It results in a wrongful death
- It’s your fourth DUI offense within ten years
- You already have a prior felony DUI on your record
What to Do After a DUI Motorcycle Crash in California
- Call 911 Immediately
Whether your injuries seem minor or severe, getting emergency responders to the scene ensures a police report is filed and your injuries are treated.
- Document the Scene
If you’re physically able, take photos of your motorcycle, the other vehicle, road conditions, and injuries. These images help tell the story of what happened.
- Get Medical Attention, Even If You Feel “Okay”
Adrenaline can mask injuries. Some symptoms, like internal bleeding or head trauma, don’t show up right away. Seeing a doctor right away protects both your health and your legal claim.
- Speak to a DUI Motorcycle Accident Lawyer Before Insurance Adjusters
Insurance companies are not on your side. They may try to shift blame, downplay your injuries, or offer a quick, low settlement. An attorney makes sure your rights are protected and your voice is heard.
Can I File a Claim Against a DUI Driver?
Yes, if a drunk or impaired driver hit you, you have every right to hold them accountable. The law allows you to seek compensation for the losses you’ve suffered, including injuries, physical damage to your vehicle, lost wages, and other impacts on your life.
However, to win your claim, knowing the driver was intoxicated is not enough. You must prove that their impairment directly caused the accident and your injuries. This means establishing the four key elements of legal negligence:
- Duty of care – The DUI driver had a legal responsibility to drive safely and protect others on the road.
- Breach of duty – By getting behind the wheel while intoxicated, they violated that duty in a reckless, inexcusable way.
- Causation – Their impaired driving wasn’t just wrong; it was what led to the crash.
- Damages – You were left injured, shaken, financially burdened, and possibly unable to work or enjoy life the way you used to.
Can a Drunk Motorcycle Driver Be Liable for the Accident?
Yes. A drunk motorcycle driver can be held fully liable for an accident, especially if their intoxication directly caused the crash.
Just like any other motorist, motorcycle riders have a legal duty to operate their vehicle safely and responsibly. When they choose to drink and ride, they break that duty, putting themselves and others at serious risk. If their impaired judgment, slow reaction time, or reckless behavior leads to an accident, they can be found negligent and legally responsible for the resulting injuries or damages.
How to Prove DUI on a Motorcycle Accident in California
If you’ve been in a DUI crash in California, here are four key steps to help you prove the other driver was under the influence and start building a strong case for the justice and compensation you deserve.
Step 1: Look for Signs of Intoxication at the Scene
In the immediate aftermath of the crash, adrenaline is high, but it’s crucial to stay alert. If you suspect the other driver has been drinking, observe their behavior closely. Signs of alcohol intoxication may include:
- The strong smell of alcohol
- Slurred or slow speech
- Glassy or bloodshot eyes
- Unsteady balance or stumbling
- Delayed reactions
- Mood swings or erratic behavior
- Vomiting or visible drowsiness
- Difficulty staying focused or awake
These signs can support your claim that the driver was impaired. Note what you see and share those observations with the police when they arrive. Your firsthand account can become critical evidence in proving DUI liability.
Step 2: Collect as Much Evidence as You Can
In DUI cases, evidence can speak louder than words. What you gather at the scene can make all the difference in your claim. Here’s what to look for:
- Witness Statements
Were there bystanders or other drivers who saw the crash? Their independent testimony can confirm your account and provide additional perspective on how the driver behaved before and after the collision. - Video Footage
Check for nearby surveillance cameras, such as on buildings, streetlights, or traffic signals. Your dashcam footage (if you have one) is also powerful. It can show how the accident unfolded and whether the other driver was swerving, speeding, or behaving erratically. - Photos of the Scene and Vehicle
If it’s safe, take pictures of the vehicles, road conditions, damage, and anything else that tells the story of what happened. If the drunk driver flees the scene, capture their license plate or any identifying marks. Photos can help prove impact, speed, and point of contact.
All this evidence strengthens your case and shows not just that an accident occurred, but that the other driver’s intoxication caused it.
Step 3: File an Official Police Report
One of the most important steps you can take is reporting the crash to law enforcement. The police report will serve as an official record and a key piece of evidence in both insurance negotiations and potential legal proceedings.
When filing the report:
- Provide the exact date, time, and location of the crash.
- Describe what happened in detail.
- Share your observations about the driver’s behavior and any signs of intoxication.
- Submit your photos, videos, and any other evidence you gathered.
The officer may conduct a field sobriety test or request a chemical test (breathalyzer or blood test) if there’s reason to suspect the driver was drunk. This official confirmation of intoxication can be crucial in proving liability.
Step 4: Call a California DUI Accident Attorney
Even if the facts seem clear, proving that the other driver was drunk and caused the crash can be legally complex. Insurance companies may try to minimize your claim, or worse, suggest that you were partly to blame.
This is where an experienced California DUI accident attorney steps in.
A skilled DUI motorcycle accident lawyer can help you:
- Investigate and gather compelling evidence
- Prove the other driver’s intoxication and fault
- Calculate all your damages, from medical bills to emotional trauma
- Stand up to insurance adjusters who try to lowball your settlement
- Represent you in court, if necessary
The emotional, physical, and financial fallout from a DUI crash can be overwhelming. But you don’t have to carry that burden alone. With the proper legal support, you can pursue the justice you deserve and take a decisive step toward healing.
What Damages Can I Claim After an Accident with a Drunk Driver?
When seeking compensation for the damages of a motorcycle DUI claim, here’s what you may be entitled to claim:
Economic Damages (Financial Losses)
- Medical bills and ongoing treatment costs
- Medical equipment or mobility aids
- Car repair or replacement
- Lost wages from missed work
- Future loss of income if your injuries affect your ability to work
Non-Economic Damages (Emotional and Personal Losses)
- Physical pain and suffering
- Emotional trauma or anxiety
- Post-Traumatic Stress Disorder (PTSD)
- Loss of enjoyment of life
- Loss of companionship or affection
Punitive Damages
If the drunk driver’s actions were especially reckless, you may also be entitled to punitive damages, a financial punishment meant to hold them fully accountable and prevent future harm to others.
While economic losses can be calculated, the emotional toll is harder to measure. That’s why having the right motorcycle accident lawyer matters. They can uncover every damage you’re owed and push for maximum compensation, because you deserve more than recovery; you deserve justice.
If the Drunk Driver Fled the Scene, Can I Still Recover Compensation?
Typically, authorities will try to locate the driver after they flee the scene. If the driver is identified, you can file a claim against them, and if it’s proven they were at fault, their insurance should cover your expenses.
However, even if the driver who hit you disappears, you may still have options for compensation.
Uninsured Motorist (UM) Coverage helps cover your losses in hit-and-run crashes when the at-fault driver can’t be identified. Hit-and-run cases are treated like uninsured driver claims, so UM coverage can pay for medical bills, lost income, and vehicle damage.
Note that in California, UM coverage is optional. So, a skilled hit-and-run accident lawyer in California will review your insurance policy to see if you have UM coverage. If you have this coverage, it could be used to cover your expenses.
Can Family Members of a Deceased Rider File a Wrongful Death Claim Against a DUI Driver?
If your loved one died in a motorcycle crash caused by a drunk driver, you may have the right to file a wrongful death claim. This legal action helps bring justice to the lost life and helps your family cope with the financial and emotional aftermath.
A wrongful death claim can help ease the burden of:
- Funeral and burial costs
- Lost income and future support
- Medical bills related to the accident
- Emotional anguish, pain, and suffering
While no amount of compensation can ever make up for your loss, pursuing a claim can be a vital step in holding the drunk driver accountable and giving your family the support you need to heal.
How a DUI Motorcycle Accident Lawyer Can Help You
At The Law Offices of Larry H. Parker, we understand the trauma that follows a DUI motorcycle accident. You’re not just recovering from a physical injury; you’re dealing with fear, financial stress, and emotional upheaval. Our job is to shoulder the legal burden so you can focus on healing.
Here’s what we do for you:
- Investigate the Accident: We gather police reports, interview witnesses, and examine every detail to build a strong case that proves fault, especially when alcohol is involved.
- Handle Insurance Companies: We communicate with insurers on your behalf to make sure nothing you say is twisted or used against you.
- Fight for Full Compensation: From medical bills and lost wages to pain, trauma, and future care, we demand every dollar you deserve.
- Support You Every Step of the Way: We know this isn’t just a case; it’s your life. We’re here with compassion, experience, and fierce commitment.
If a drunk or impaired driver caused your motorcycle accident, you have the right to hold them accountable. You have the right to compensation. And most importantly, you have the right to justice.
Let us help you get there. Call us today at 800-333-0000 for a free, no-obligation consultation. We’ll listen to your story, explain your options, and help you move forward with strength and confidence.
Hit and hurt? We’re here to help. Secure your free case review with our car accident attorneys today.
What Our Clients Say About Us
No other personal injury lawyer will fight for you as passionately as we will, even though many may take on your case and prepare a legal defense. As proved by our previous clients, our lawyers are extraordinarily well-equipped to put up a claim without making any mistakes:
“My husband and I are really happy with the results of our case. They solved it very, very fast! We will refer our friends if they need a lawyer who takes the cases seriously. And they also speak Spanish.” – Lucia R.
Frequently Asked Questions About Personal Injury Claims
Need to learn more about car accident claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.
- Should I Report a Hit-and-Run with No Damage?
- Who is Liable for a Car Accident with an Unlicensed Driver?
- Types of Evidence To Prove a Drugged Driving Car Accident
- Who is Liable for a Nighttime Pedestrian Accident?
References
Fatality Facts 2022 Motorcycles and ATVs. (n.d.). Insurance Institute for Highway Safety. https://www.iihs.org/topics/fatality-statistics/detail/motorcycles-and-atvs
2023 SafeTREC Traffic Safety Facts: Motorcycle Safety. (n.d.). UC Berkeley. https://safetrec.berkeley.edu/2023-safetrec-traffic-safety-facts-motorcycle-safety
Vehicle Code 23152 – Driving Under the Influence. (n.d.). California Legislative Information. Retrieved May 12, 2025, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
