Being accused of drunk driving while enjoying a leisurely ride on a motorcycle can be a devastating turning point in many people’s lives. After an arrest, you may now be faced with fines, jail time, a suspension of your driver’s license and more. Not only that, but if you were involved in an accident with another car while riding your motorcycle, the other driver may file a lawsuit against you and claim you are at-fault for the wreck because you were drunk.
It may feel as if the entire world is crumbling down on top of you. Here we address the many concerns you may have in a question and answer format, in an effort to educate and get you prepared for what may come.
How will I know if the other driver decides to file a lawsuit against me?
If the other driver decides to file a lawsuit against you, they will most commonly start with submitting a petition to the court regarding the accident. You will then be notified typically within 30 days of this lawsuit against you, including a copy of the complaint. A process server or sheriff will most likely hand-deliver the documents to you, in which you must complete and return the accompanying paperwork within a designated amount of time. Do not be late in sending in the return documents, to prevent against further consequences.
How long does this person have to file a lawsuit?
The duration of time a party has to file a lawsuit to the court depends on the state you live in. Most often, the driver has up to five years after the date of the accident to submit. It can come has a huge surprise when after years later, you believe the accident was handled by your insurance company only to find out the other driver decided to file a lawsuit against you. At this time, it is recommended you seek the assistance of an attorney, like a criminal lawyer baltimore MD trusts, who can help you through the legal process.
Does my insurance company get notified of my lawsuit?
Your insurance company may not receive notice of the lawsuit in relation to the accident, so you should contact your insurance representative the same day you are served the summons. Your insurance company can play a part in the lawsuit, because if you are found at-fault then you and the agency may be financially responsible for damages and injuries related to the accident.
If I was convicted of a DUI on my motorcycle when the crash happened, what are my chances of walking away not at-fault?
It is likely the plaintiff will use your DUI charge as an argument for why you are at-fault for the accident. However, just because you were driving under the influence does not automatically mean you are at-fault. Depending on the circumstances of the accident, you riding under the influence may not be a deciding factor. Your attorney can help you create a strategic plan to help fight this lawsuit against you.
Thanks to our friends and contributors from Greenberg Law Offices for their insight into criminal defense.