Passenger Claims Against Intoxicated Motorcycle Drivers

Everyone who gets on the back of a motorcycle has a duty to exercise reasonable care for his or her own safety. That means more than the duty to wear a helmet - that is required by Tennessee law. It also means you must exercise reasonable care to protect yourself from harm.

Under Tennessee law, a motorcyclist (and any other driver) is presumed to be operating the vehicle under the influence of alcohol if the blood alcohol concentration (BAC) equals exceeds .08. The amount of alcohol one can consume and still stay under the lawful limit depends on many factors, including gender, age, weight, the time period of alcohol consumption, etc.

Thus, if you get on a motorcycle with a motorcycle driver who shows visible signs of being under the influence of alcohol, it will be argued that you failed to exercise reasonable care for your own safety. If you get on a motorcycle with a motorcycle driver who later tests above the legal limit for alcohol, many people will assume (often unfairly) you should have known the driver was impaired. If you as the passenger are also are under the influence of alcohol, it will be argued you lacked the ability to appropriately judge the impact of alcohol consumption on the driver's ability to operate a motorcycle.

As with many things, it is necessary to fully know the facts before one can judge the impact of alcohol consumption on the ability of a passenger to recover damages against the motorcycle operator, or even against another driver involved in a crash with a motorcycle. It is fair to say, however, that alcohol consumption by either the driver or passenger factors into a motorcycle accident case.

As experienced motorcycle accident lawyers, our lawyers offer a free consultation about your potential case and accept all motorcycle accident cases on a contingent fee basis. This means you owe us absolutely nothing unless win.  Contact us online or call us anytime of day at 615-742-4880 or toll-free at 866.812.8787.