Riding a motorcycle is a special kind of freedom, motorcycles often say. However, it’s one of the riskiest methods of transportations due to the fact that the riders aren’t protected as they would be in a car.
Thousands of motorcycle accidents happen every year, and unfortunately, most of them end fatally.
Drunk driving is not legal, no matter if you’re driving a car, a truck, or riding a motorcycle.
Consult with an Oregon DUI attorney if you were involved in such an accident.
When is a Driver Legally Drunk in Oregon?
Non-commercial drivers older than twenty-one years of age are considered legally drunk if their blood alcohol level is .08 or higher. Drivers of commercial vehicles will be considered legally drunk if their blood alcohol level is .04 or higher (a bus driver is an example of a commercial driver in Oregon).
Drivers younger than twenty-one years of age are legally drunk when any amount of alcohol is found in their blood.
Penalties
DUI is a Class A misdemeanor, except when the offender has been convicted of DUI at least three times in the past ten years to the date of their fourth offense.
In that case, the offender commits a Class C felony. Class A misdemeanors bring up to one year in prison, a fine of up to $6,250, or both. Class C felonies lead up to five years in prison, a fine of up to $125,000, or both.
Drunk Driving Motorcycle Accidents in Oregon
Oregon issues DUII laws and fines, instead of DUI convictions. A DUII means driving under the influence of intoxicants. It forbids any driving or riding if your blood alcohol content is 0.08% or more. Besides that, it forbids riding or driving with any cannabis, inhalants, or other controlled substances in your system.
DUII convictions in Oregon lead to strict minimum sentences even for first-time offenders. After the first offense, you’ll have to install an ignition interlock device on your vehicle for at least a year. Besides that, you’ll have to serve jail time from 48 hours up to a year, pay a fine, and may even have a driver’s license suspension. There’s no plea bargaining if you get arrested for DUII in Oregon.
Motorcyclists are at Higher Risk of Injury or Death
Motorcyclists are exposed to a high risk of injury and death if they’re drunk while riding. A motorcycle has no airbags, side paneling, no seat belts,. Being thrown from the motorcycle and hitting the ground or another vehicle or an object can be fatal, even if the impact is not too strong.
Riding drunk is serious because the biker may have decreased ability to maintain control over the motorcycle. Just like drivers, they won’t be able to balance the bike. They may also be unable to notice other vehicles, traffic lights, and may speed far more than usual.
Getting Compensation When You Are Injured by a Drunk Motorcycle Rider
Being injured in an accident caused by a drunk motorcycle rider can be a traumatic and painful experience. Your medical expense will be high, and you’ll have to spend some time resting and healing, which means you’ll have to be absent from work and lose your wages.
The whole accident may be a traumatic experience that could haunt you for a long time. Your pain and suffering mustn’t be looked upon.
You may be entitled to file a civil claim for your damages against the drunk motorcyclists who caused the crash.
What to do in such cases? After the initial medical care and treatment, you shouldn’t wait. Seek a DUI attorney who will review your case. This way you can know for sure what you can expect and whether or not you should file a lawsuit.
In most cases, the drunk rider will be liable for the accident, and you’d be able to collect a settlement for your injuries and damages.
Your attorney will gather evidence, police report, footage from surveillance cameras (if any) and will put it all together to prove your case.
It doesn’t matter if you were a driver, a pedestrian, or a bike rider as well.
It’s essential to know that an attorney will be of great help, especially while you recover. Let them do their job, instead to worry and feel confused in the entire legal process.
Ask our attorneys at Trilogy Law any question you have. Let us answer it and review your case entirely free of charge.
