Losing a loved one in a motorcycle accident can be earth-shattering. You and your surviving family members will face an uphill battle after your loss, which can include both an emotional and financial impact.
After suffering a loss, you deserve the support of an experienced legal advocate. If you have lost a loved one in a motorcycle accident, contact a qualified wrongful death attorney today.
How Deadly Are Motorcycle Accidents?
Motorcycle accidents can be particularly deadly compared to other types of vehicle accidents. Consider these key points:
Higher Fatality Rates
Motorcyclists are overrepresented in the annual number of fatal traffic crashes nationwide. In 2022, more than 6,000 motorcyclists died in a traffic accident. Motorcyclists are about 29 times more likely to die in a car crash than occupants of passenger vehicles.
Increased Vulnerability
The increased vulnerability makes motorcycle accidents deadlier than other types of crashes. Motorcyclists lack the protective structures found in cars, like airbags and seat belts, making riders more susceptible to severe injuries in accidents.
Injury Types
Motorcyclists might face more severe injuries when they are involved in traffic crashes. Their injuries can lead to long-term disability or death. Common injuries resulting from motorcycle accidents include spinal cord injuries, traumatic brain injuries, fractures, and road rash.
Motorcycle riding carries significant risks. If you lose a loved one in a motorcycle accident, contact a qualified attorney to learn more about your rights after your loss.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil cause of action brought by surviving family members against a negligent person, business, or other entity. The state’s wrongful death laws empower the family members to bring this type of lawsuit. If the defendant negligently caused the victim’s death, their family might be entitled to damages.
The laws surrounding wrongful death vary by state. An experienced motorcycle wrongful death lawyer can review your case’s facts to determine whether you have a viable claim.
When Is a Motorcycle Accident Death a Wrongful Death?
To pursue compensation, the motorcycle accident death must be a wrongful death under the law. Another person or driver must have contributed to the death. If they are negligent, then the party is liable for your damage. Consult an accident attorney to learn if you have a viable wrongful death case after a motorcycle accident.
Common Causes of Fatal Motorcycle Accidents
Deadly motorcycle accidents happen, usually because of driver negligence. Some of the most common causes of fatal motorcycle accidents include:
Road Hazardous
Motorcyclists are susceptible to accidents caused by bad road conditions. Because they are so close to the road, if a motorcyclist hits a pothole or a crack in the road, they can be flung from their vehicle and suffer a major injury.
Improper Lane Changes
Improper lane changes can lead to severe motorcycle accidents. Because they are smaller vehicles, motorists might fail to see a motorcycle. Similarly, if a vehicle fails to check its blind spot and hits a motorcycle, it might face legal liability for causing the motorcyclist’s injuries.
Left Turn Accidents
Many deadly motorcycle accidents happen when another vehicle makes a left turn in front of the bike. The driver usually does not see the motorcycle, or they misjudge the motorcyclist’s speed as they approach.
Impaired Driving
Driving under the influence of drugs or alcohol is always negligent. Impaired driving can cause severe and fatal injuries. Impaired driving greatly impacts the driver’s ability to concentrate and maintain control of their vehicle.
Speeding
Speeding is one of the most common causes of traffic accidents nationwide. Speeding can cause deadly accidents. Speeding drivers lose control, increasing the severity of potential injuries.
No matter what the cause of the accident, you deserve to receive compensation for your losses. Contact a motorcycle accident attorney to learn more about your options after an accident.
Who Can File a Wrongful Death Lawsuit After a Deadly Motorcycle Crash?
State law limits who can file a wrongful death case. Only specific plaintiffs can file a wrongful death lawsuit after a fatal motorcycle accident. An attorney will help you understand your right to sue after a motorcycle crash.
Typically, the following surviving family members of the deceased motorcyclists have the right to sue after a wrongful death in most states:
- The deceased’s spouse or domestic partner
- Children
- Parents
Consult an experienced motorcycle wrongful death accident lawyer to learn more about your legal rights and options after an accident. Do not hesitate; start protecting your family now.
Motorcycle Accident Claim vs. Wrongful Death Lawsuit vs. Filing a Lawsuit
There are slight differences between filing a motorcycle accident claim, a wrongful death lawsuit, and a wrongful death lawsuit. Knowing the differences is important to getting what you deserve after a fatal motorcycle accident.
Your recovery goals determine what type of legal action that you should take. Consult an accident lawyer to learn more about the next best step for your claim.
Wrongful Death Claim
A wrongful death claim usually involves the deceased motorcyclist’s immediate family members or their estate and the defendant. Wrongful death accident claims are similar to motorcycle accident claims in that they can either be settled out of court or pursued through litigation if required.
Motorcycle Accident Claim
A motorcycle accident claim usually involves the injured motorcyclist and the at-fault party’s insurance company. It can be resolved through settlement negotiations.
Motorcycle Accident Lawsuit
A motorcycle accident lawsuit can involve many parties, insurance companies, and potential third parties. Lawsuits are typically more complex legal proceedings than claims handled directly by insurance companies.
What Damages Is My Family Entitled To After a Fatal Motorcycle Accident?
Getting your family back on track financially is critical for surviving loved ones. While getting financial compensation for your losses will never replace your family member, holding the responsible party financially accountable after an accident is important.
Examples of potentially available damages include the following:
- The deceased’s benefits, inheritance, and other anticipated financial contributions that the family would have enjoyed had the deceased survived the accident
- The deceased’s lost income
- The loss of the deceased’s companionship to the surviving family members
- The deceased’s medical expenses that they incurred after the accident but before they passed away
- The pain and suffering and other emotional or mental anguish suffered by the surviving loved ones after the deceased’s death
- The cost of the deceased’s funeral and burial
Let a motorcycle accident attorney carefully review the facts surrounding your case. An attorney can help discover your losses and pursue the compensation you and your family might be entitled to recover.
How Can a Lawyer Help Me After Losing a Loved One In a Motorcycle Accident?
A lawyer can give you invaluable support and advice after losing someone in a motorcycle accident. Here are several ways that accident victims’ families can benefit from having an attorney:
Investigating the Accident
An attorney can help your family by investigating the cause of the accident. It can be challenging for individuals to gather enough evidence to prove their claim. A legal team can use their resources to collect pertinent evidence that will help you get justice after a wrongful death.
Providing Legal Guidance
An attorney can give you some certainty about the next best step to take after an accident, which is to get full and fair compensation. Speak to an attorney about the extent of your harm after losing someone in a motorcycle accident.
Negotiating With Insurance Companies
Negotiating with big insurance companies can be overwhelming. An attorney will use their knowledge and experience to ease your burdens. They will negotiate with the insurance company on your behalf.
Filing Insurance Claims
Speak with a lawyer before you file an insurance claim after a loved one’s death. The insurance company and its representatives have a single goal—saving the company money. To save the company as much money as possible, adjusters will make it hard for you to get the money you deserve.
Representing You In Court
Many accident cases are settled during the negotiation phase. If you, your lawyer, and the insurance company cannot reach a satisfactory settlement, your lawyer can file a lawsuit for you and represent your interests in court. An attorney can persuasively present your case to get you the best outcome available after losing someone in a motorcycle accident.
Offering Emotional Support
Your legal team can offer emotional support to you and your family after a tragic loss. A lawyer who understands your situation can provide peace of mind during difficult times.
Ultimately, having a lawyer help you means that you have a guide through the complex legal process after a wrongful death.
What Should I Do After Losing Someone In a Motorcycle Accident?
It is important to take care of yourself and your family after a tragic loss. Take time for yourself after an accident and take a step back to identify what you need to begin your recovery process. Consider the following after losing someone in a motorcycle accident.
- Give yourself time to grieve
- Consider getting professional mental health help
- Contact a lawyer
Consider getting a lawyer after losing someone in a motorcycle accident. Having an attorney can be especially helpful if you are facing legal or financial challenges related to the accident.
What Are The Steps Involved In Pursuing a Wrongful Death Claim After a Motorcycle Accident?
Hire An Attorney
Discuss your case with a qualified wrongful death attorney immediately after a fatal motorcycle accident.
File a Claim
Work with an attorney to ensure your claim is filed within the applicable statute of limitations.
Negotiations
You and your legal team can settle your claim with the insurance company before the case goes to trial.
Complete Discovery
Discovery is the fact-finding stage of the case, where both sides exchange case-related information and evidence.
Go To Trial
A lawyer can take your case to trial if your claim is not settled during negotiations. A judge or jury will determine the case’s outcome.
Collect Monetary Judgment
After winning the case, the last step to resolve your claim is collecting the judgment.
An experienced wrongful death attorney can help at each stage of a claim. Contact an attorney if you lost a loved one in a motorcycle accident.
Special Considerations After Losing Someone In a Motorcycle Accident
Motorcycle accidents that involve a wrongful death can be quite complex. Having an attorney working on your behalf will help you overcome significant challenges. Some special considerations in these types of cases include:
Legal Complexities
Wrongful death laws vary significantly by state, affecting eligibility and potential damages.
Proving Negligence
Accidents in wrongful death claims when someone dies in a motorcycle accident may involve multiple parties, making it difficult to pinpoint who is at fault.
Emotional Difficulties
Wrongful death cases have a large emotional burden. The emotional toll of losing a loved one can impact decision-making and the ability to engage in the legal process. Involving family members in legal proceedings can be painful, especially if they have to recount distressing details.
Insurance Limitations
Often, the only money available for the family of deceased motorcyclists is included in the defendant’s insurance policy. An attorney will help you understand your rights under any applicable insurance policies.
Trial Considerations
Litigation can be stressful. Wrongful death trials do not have guaranteed outcomes. There is no true way to predict how a jury will respond to your case.
Defenses Presented From Opposing Parties
Insurance companies and defendants will, of course, try to mount a defense. An attorney can help fight back against any potential defenses.
How Long Do I Have To Sue After a Motorcycle Wrongful Death Accident?
Families do not have an unlimited amount of time to sue after losing someone in a motorcycle accident. Contact an attorney immediately after the crash to ensure that your right to sue is protected after a fatal motorcycle accident.
Contact a Motorcycle Wrongful Death Accident Attorney Today
Losing someone in a motorcycle accident is tragic. You deserve support and guidance in a rough time. Contact a motorcycle accident lawyer to learn more about your legal rights and options.