Have a Family Member Motorcyclist Killed in an Accident? You Might Be Able to Sue | Lawyer for Wrongful Death
Motorcycle accidents commonly lead to severe bodily injury, disability, and even fatality. Across the United States, local news outlets often feature headlines like, “Motorcyclist Killed in an Accident Yesterday” or “Fatal Motorcycle Accident in Los Angeles, California.”
According to data reported by the National Highway Traffic Safety Administration (NHTSA), traffic collisions caused 5014 motorcycle deaths in 2019 alone. The percent of motorcycle accidents that result in death is 29 times higher than those of car accidents.
Who Can Sue for Wrongful Death?
If your loved one died in a motorcycle accident, you may be left financially and emotionally vulnerable. This can put an enormous strain on you and your family. If the injury or wrongful death was caused by another person, federal and state laws entitle you to accident compensation. We encourage you to contact 1-800-THE-LAW2 for a free consultation with an experienced motorcycle accident attorney.
Causes of Motorcycle Accidents
How Are Motorcycles Dangerous?
Motorcycles are dangerous and pose unique dangers to riders, due to several factors. The two most frequent causes of motorcycle accidents are:
- Motorcycles have a smaller physical footprint.
- Motorcycles are not standard vehicles on the road.
Crush Zones, or Crumple Zones in Cars vs. Motorcycles
Motorcycles fall into the Class M License category, as such they are one of the smaller and lighter forms of transportation on the road today. Crumple zones in cars, also known as crush zones, protect the driver and passengers inside of a car during a car wreck. Motor cycles do not have crush zones, you’ll find this for all types of motorcycle design. As such, riders and drivers have no protective shield during crashes and will absorb full force of impact.
Driver Negligence and the Risk of Following Too Closely for Motorcyclists
Although the Lazareth 4 wheel motorcycle exists, motorcycles commonly have 2 wheels and are not standard motor vehicles on the road. Because it is smaller in size, a motor cycle and its driver face decreased visibility. Simply put, with their small bike frame sizes and high speed capacity on land, car and truck drivers are often not used to seeing and navigating around motorcycles. They may not understand how to ensure the safety of motorcyclists on the roadway, much less obey state laws.
What Is the Primary Cause of Motorcycle Crashes?
Many motorcycle accidents happen as a result of following too closely, although other primary causes of crashes are speeding and failure to yield right of way.
What To Do After a Motorcycle Accident
So, what does this mean for motorcyclists? Motorcycle accidents tend to occur more frequently, and when they do occur, they tend to be severe. The force of impact is felt by the rider directly, which can lead to catastrophic bodily injury, disability, or even death. Under these circumstances, it’s more important for plaintiffs to come forward with their legal claim and secure accident compensation.
Read about What To Do After After a Motorcycle Accident.
Important Things to Know About a Wrongful Death Lawsuit and Motorcycle Accidents
This section can help you answer: Who can file a wrongful death suit? | What are the chances of winning a wrongful death suit? | What are examples of damages and compensation for driver fatality and bodily injuries
Who Can File a Wrongful Death Suit?
If your loved one has died in a fatal motorcycle accident, then you, if you’re a qualified surviving family member, may bring a lawsuit against the defendant for damages. This is known as a “wrongful death” action.
Not all family members can to file a wrongful death lawsuit. Qualified survivors vary from state-to-state, but generally include the deceased individual’s following relatives:
- Spouse
- Children
- Parents
- Siblings
- Grandparents
- Cousins
- And more
What Are the Chances of Winning a Wrongful Death Suit?
For a wrongful death suit to succeed in winning, you’ll have to show that the defendant was at fault for your loved one’s death. At fault accidents include intentional, negligent, and reckless behavior. Again, states implement different requirements, so you’ll want to consult an experienced wrongful death attorney for legal advice on how wrongful death lawsuits work in your jurisdiction.
For example, whether your loved one was killed in a road rage accident (i.e., the defendant intentionally collided with your loved one’s vehicle) or by extreme speeding (i.e., the defendant was operating their vehicle negligently when the collision happened), either situation would give rise to a wrongful death claim.
Examples of Damages and Compensation for Driver Fatality and Bodily Injuries
In motorcycle accident cases, and others, wrongful death claimants may receive accident compensation for the following examples of losses:
- Loss of companionship
- Loss of guidance
- Loss of financial support
- Loss of domestic services
- And more
For example, suppose that the wrongful death and motorcyclist killed is your father. He provided extensive financial support to you and your family, and was a close companion and mentor. All those losses can be compensated through a lawsuit.
Contact 1-800-THE-LAW2 for a Free Motorcycle Accident Lawyer Consultation
Curious about whether you have a potential accident or wrongful death claim? Speaking to an experienced motorcycle accident lawyer for a case evaluation. Once your case is evaluated by an attorney, you’ll have a better understanding of what steps you need to take to obtain compensation.
Here at 1-800-THE-LAW2, we maintain a large network of motorcycle accident lawyers who are ready and willing to help. Call us to get a free consultation with an experienced motorcycle accident attorney in our network. Connect to an attorney in 10 minutes or less, there is no pressure to continue if you decide not to move forward with your case.
