Biker loses leg due to drunk man walking in road

[brokenbiker]

What is the name of your state? New York
There were 5 bikes leaving an establishment when we came across a drunk man who earlier was asking us for a ride home. As we approached him he entered our lane of traffic thus causing us all to swerve. At this time I was sruck by the bike behind me causing massive trama and causing many ongoing medical problems including a leg amputation. The bike only had $ 25,000 per occurance but my hospital bills exceeed hundreds of thousands.
Can I sue the man in the road for any damages such as his homeowners ? Or is there anything else I can do ? I had one attorney who told me I was out of luck. That sucks and if anybody has any ideas it would be great to here about them

 

[rmet4nzkx]

You have two options insofar as insurance, yours and that of the bike that hit you.

You can sue the driver of the bike that hit you.

I am assuming you are meaning, motorcycles when you say "bike".

I'll also assume by establishment, you mean "BAR" or similar and than at least some of your fellow bikers had consumed alcohol, including yourself, if so that may affect any settlement in any legal action you might have.

While intoxciated, the pedestrian had the right of way. You knew of his presense, that he was intoxicated, wanting a ride, perhaps even one of the group promised a ride so he approached you in good faith, but at least 2 of you were unable to control your bikes and thus unsafe for the road conditions, so you have some responsibility or at least that will be the argument. That is why the attorney informed you that you were out of luck based on more than you have told me. If any of this is worng or you have other informaiton there could be some change in this.

 

[brokenbiker]

The drunk guy was ticketed for walking in the road as well as the wrong way in traffic. None of the bikers were given DWI tests on scene and no one was charged with DWI.

 

[brokenbiker]

At the scene the drunk guy walked up to one of the bikers at which time he was asked to dial 911. He replied by sayinf F-you you guys wouldnt give me a ride. When the fisrt state trooper showed up on the scene the drunk guy ran across the road and hid in the ditch in the tall grass neber to be found by the trooper that night but was later ticketed

 

[rmet4nzkx]

I didn't ask if any of the bikers were charged with DWI, I asked if you had been at a bar and if any of you had been drinking? Since you avoided a direct question I must assume you were all under the influence and were spared citations because of your injury, did they to BAC at the hospital on you?

The man can be ticketed, it doesn't mean he was at fault, most likely his ticket will be dropped because it was not based on observation by the trooper, he may have been cited the next day when the found him, for an offense that day.

Do you really expect that a drunk living in the bushes is going to have homeowners insurance?

I am going to hate myself for this, but in some places, I don't know if GA is one of them, the servers of alcohol have been held liable for the actions of those they allow to drive while obviously impaired without some intervention. This may or not apply in some way in your situation.

 

[brokenbiker]

They did do a BAC on me and I was over the legal limit. I was not trying to hide anything from this but looking for advise on trying to recoup for damages caused by someone else. The drunk guy does own a rather nice home and was only hiding in the bushes to avoid the troopers. The fact that we had been also drinking is understandable that it would have effect on the outcome but the actual fact is that this guy caused this accident and was at fault. Even as far as his actions after the fact shows his disrespect for the life of others.

 

[rmet4nzkx]

They did do a BAC on me and I was over the legal limit. I was not trying to hide anything from this but looking for advise on trying to recoup for damages caused by someone else. The drunk guy does own a rather nice home and was only hiding in the bushes to avoid the troopers. The fact that we had been also drinking is understandable that it would have effect on the outcome but the actual fact is that this guy caused this accident and was at fault. Even as far as his actions after the fact shows his disrespect for the life of others.

Don't get mad at me but here is the theory of law that is going to bite you where it hurts and the same could be said for your respect for the life of others for DWI which you admit: from freeadvice.com
"WHAT IS "COMPARATIVE NEGLIGENCE?"
Comparative negligence comes into play when it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person". For example, suppose one person was driving too fast in a patch of dense fog on the highway and hit a car -- but the car that was hit did not have its lights on as it should have.

In a situation where each party has some degree of negligence in causing an accident, the responsibility to the other person(s) is reduced by the others' degree of negligence. For example suppose a jury decides that the driver going too fast in the fog was 60% responsible for the accident, while the driver without vehicle lights on is 40% responsible. If the driver who didn't have his lights on would have recovered $10,000, his recovery would be reduced to $6,000 because of his 40% contributory negligence. Whether the speeding driver would recover anything will depend on state law -- in some states the driver who bears over 50% of the responsibility would recover nothing, not the 40% of his damages."

Now plug in your situation with you having BAC over the legal limit, bearing down on this poor drunken man who you already knew was walking the street looking for a ride home, on your Harley. They are going to apply this theory in any suit or claim brought arising out of this event. Remember the drunken man can sue you and or counter sue. The insurance company may limit and or deny your claim and your friend might sue you for causing him to hit you because you could not control your chopper.

You can sue your friend who hit you and or possibly the "establishment" that served you and did no intervention knowing your were impaired, if such a cause of action is allowed in your state. If an attorney takes your case on contingency, you may have a case, if they will not take it on contingency, you don't have a case. You might look for an attorney who also rides a chopper.

I am not an attorney, but know from experience that this issue will arise and why I asked the quesiton. If I am wrong, no doubt one of the attorneys will chime in.

 

[brokenbiker]

Oh dont worry I dont get mad easy but simply try to make all the facts known for what they are not what people assume. First of all this poor drunk guy as you say was not walking in the road looking for a ride. He was in the establishment being a druken fool anoying not only our group but most of the people in the place. Second when we left the place we had no idea he or anybody would be in the road, the fact is this place is so far out in the countryside you wouldnt expect anybody to be walking. And finally as for my respect for the life of others with regards to DWI I couldnt agree with you more but as for the legal limit versus ability to function here in NY is a far cry from being close. I can only look at the so called poor drunken mans actions from the start of problems in the bar to his ending result that night as well as his conduct to this day with regards to the respect of life for others.
My accident as well as the others involved was due to this drunken individual walking out into our lane of traffic at night in pitch black and no other. I would hope there could be some kind of legal steps I can take.
You also state that the drunk guy could sue me! Whats he going to sue for, the trama of seing some guy laying in the road with his leg torn off. Or forfor being asked to dial 911. After all the so called poor drunk guy was the cause and not affected due to the fact that 5 bikes were not obliviated and avoided hiiting this idiot.

 

[rmet4nzkx]

Thank you for not being angry with me, I am only the messenger. I also restrained myself from making a remark about your injury and your chances of success with a lawsuit, I'm sure you know to which I am referring. Others might not be as kind.

I described him the way his attorney is going to describe him if you take any action. You knew he was drunk and you were legally impaired, you were the one DWI and your BAC will be a part of discovery. That is why you have no case against him, no cause of action.

While the establishment is in the boonies and no one walks, then there is a greater need for designated drivers, in your case, visit in cars not bikes or buy your 6 pack and take it home and drink or drink non alcoholic drinks in the future.

 

[brokenbiker]

The old saying of live and learn is oh so true to me. I came to the end and was given a second chance. It has been a long journey for myself and all involved. Everyday the sun comes up is a new day for me and a day to remember and say thank you to the man above for my life and sparing my family the trama of not having me here. I know myself and always take responsability for my actions of which this one was not caused by me but actually could have saved another mans life if I had not been so observant. As for the 6 pack comment that would be more than I actually had that night but never the less I was over the limit. Is there a difference between over the limit and drunken stuper? You bet! I thank you for your openness and opinions

 

[rmet4nzkx]

You are welcome, now as hard as it may be, it is time to salvage some positive things to take forward rather than looking for someone to blame, hopefully you can make a positive role model for those who are important to you.