The National Highway Traffic Safety Administration (NHTSA) reports that motorcycle riders account for 14% of all traffic facilities, even though only 3% of all registered vehicles are motorcycles. Motorcycle accidents account for 17% of all deaths among people and 3% of injuries to those in vehicles.
The National Highway Traffic Safety Administration (NHTSA) also highlights that riding without a helmet significantly increases the risks for motorcycle riders. There were 2,251 fatalities from motorcycle accidents involving riders who were not wearing helmets. Losing a loved one in an accident is painful, but when death is caused by someone’s negligence, it is even more devastating.
But can you sue for a wrongful death? Motorcycle accident lawyer Frank Santini says you can pursue a wrongful death claim if your loved one died in a motorcycle accident due to another person’s actions or carelessness. You can seek compensation, which you can use for medical expenses or funeral costs.
Learn how to seek justice for your loved one’s untimely death by filing a wrongful death claim.
Legal Basis for Wrongful Death Claims
A motorcycle accident wrongful death claim requires proof that the defendant’s acts caused the fatality. Show that the defendant was careless or willfully detrimental, causing your loved one’s death. This could include irresponsible driving, failing to yield, or DUI in a motorcycle accident.
You must show that the defendant breached their duty of care to the dead, that this breach directly caused the accident, and that the accident killed your loved one for your wrongful death claim to be successful.
Encino wrongful death attorney David Davidi suggests that you need police reports, witness accounts, medical records, and expert testimony to support your claim. Building a compelling case and showing the defendant’s liability can help you recover medical bills, burial costs, lost income, and emotional distress from the tragedy.
Determining Liability in Motorcycle Accidents
Evaluating the actions and responsibilities of all participants is a significant step to understanding who may be at fault in the motorcycle accident. Determining blame in a motorcycle accident often involves looking at traffic rules, the state of the road, and how each party acted. Evaluating a motorcyclist’s involvement in an accident takes into account their speed, the maneuvers they performed, and adherence to traffic laws.
Road conditions and weather at the time of the collision also affect responsibility. Poor road maintenance, absence of signs, or bad weather might put responsibility on road maintenance companies or third parties. Witness testimony, police reports, and expert analysis can all help shed light on the factors contributing to a motorcycle accident.
Compensation Available for Wrongful Death
Motorcycle accident wrongful death compensation may encompass numerous factors. Medical bills, funeral expenditures, and lost income of the deceased can be included. The remaining family members may also be paid for pain and suffering, loss of companionship, and emotional anguish.
If the responsible party was extremely reckless or negligent, punitive damages may be levied to prevent future negligence. Understanding the different sorts of compensation will help you and your legal team create a strong case for motorcycle accident-related wrongful death.
Statute of Limitations for Filing Claims
Understanding the legal deadline for filing a motorcycle accident wrongful death claim is vital to pursuing your claim. State statutes of limitations for filing claims range from one to three years after the accident or death. If you don’t file your claim by the deadline, you may lose your right to compensation for the wrongful death.
If you miss the statute of limitations, the court may dismiss your claim, leaving you without legal remedy. Thus, after an accident, legal guidance must be sought immediately. An expert attorney can help you comprehend your case’s time constraints and complete relevant documentation on time. Being proactive and aware of the statute of limitations will help you pursue a wrongful death claim and get the compensation you deserve.
Steps to Take in Pursuing a Claim
You must act immediately after a motorcycle accident that causes wrongful death to win your claim. First, report the collision to the police. File a police complaint to support your allegation. Get medical treatment for injuries and retain records. Photographs of the accident site, damaged automobiles, and injuries are crucial evidence.
Talk to a wrongful death lawyer with a lot of experience who specializes in motorcycle crashes. When you go to court, they can help you understand your rights and figure out how strong your case is. Your lawyer will help you get more proof to back your claim, like statements from witnesses and opinions from experts.
Keep accident, medical, and insurance documents throughout the process. Contact your attorney often to discuss your claim and legal measures. Follow these procedures carefully to increase your chances of winning a motorcycle accident wrongful death lawsuit.
Conclusion
If you’ve experienced the loss of a loved one in a motorcycle accident caused by someone else’s carelessness, you might have the right to pursue a wrongful death claim. Talking to a personal injury attorney can really help you understand your legal rights and explore your options for getting the compensation you deserve. Remember to act quickly within the statute of limitations to ensure your claim is filed promptly.
