If you are hurt in an accident in which you were the driver, one of the challenges you may face is the defense’s attempts to depict you as the driver who was really at fault. The evidence may directly relate to your driving, or it may involve other things, such as your potential impairment. In certain situations, you may be entitled to keep that proof of impairment out of your personal injury case. A knowledgeable Pennsylvania motorcycle accident attorney can give you the assistance you need to accomplish this important goal.
A lawsuit filed by a motorcyclist in Bradford County demonstrated how it’s possible to keep out this type of potentially damaging evidence. The motorcyclist, Kevin, was driving his motorcycle on Route 220 on an April evening in 2012. He was behind two commercial trucks and, when he reached a legal passing zone, attempted to pass both on the left. As Kevin tried to pass the lead truck, that vehicle attempted to turn left into a gas station. The truck and motorcycle collided. The motorcyclist’s injuries were so serious that he required an above-the-knee amputation of his right leg.
The motorcyclist sued the driver of the lead truck and that man’s employer. There was, however, certain potentially harmful facts that Kevin wanted to keep out of his trial. He had, on the day of the accident, consumed some beer. Over the course of his day-long motorcycle ride, he and a friend had consumed seven beers at several bars across a period of six hours, with the last beers consumed along with dinner.