Motorcyclists often sustain fatal injuries when involved in a traffic accident. They don’t have as much protection as car occupants. So, when a crash occurs, motorcyclists are vulnerable, and fatalities may occur.
You can sue for wrongful death if your loved one died in a motorcycle accident caused by negligence. Typically, only the estate of the deceased party can file a suit. That may include children, spouses, and parents. More on that later. Keep reading for more on suing for wrongful death after a motorcycle accident.
Parties That Can File a Wrongful Death Suit After a Motorcycle Accident
The law allows specific people to file a wrongful death lawsuit against the liable party. In most cases, the deceased’s spouse gets priority in filing a suit. However, in some cases, there may be no surviving spouse. If so, the role of filing a wrongful death suit goes to the surviving child or children.
The deceased may also not have any surviving children. Thus, the surviving parents will be the ones to file a suit. If there are no living parents, the representative of the deceased’s estate may file the suit.
The laws regarding who can file a wrongful death suit vary across states. So, ensure you check the laws in your state.
Proving Liability in a Wrongful Death Lawsuit
Plaintiffs must prove the defendant’s liability when filing a wrongful death suit. Proving liability means showing that the defendant was negligent, thus causing the death. So, how do you demonstrate negligence in a motorcycle accident case? There are four elements you have to prove, including:
A duty of care
A breach of duty of care
In 2020, motorcyclists made up 14% of all traffic fatalities. Negligence is the leading cause of these fatalities. There are numerous types of negligence, including drunk, distracted, and drowsy driving. Many motorists also fail to yield the right of way to motorcyclists, causing fatal accidents.
Building a Solid Wrongful Death Case
Presenting a solid wrongful death case is essential when fighting for compensation. Investigating the accident and collecting evidence are vital in building a strong case. A lawyer may interview witnesses during investigations. Their accounts of what happened will help in proving fault for the accident.
A lawyer may review the deceased’s medical records during investigations. They may also look at the police accident report and footage of the crash, if any exists. The testimony of expert witnesses can help support the wrongful death case.
Possible Compensation in a Wrongful Death Suit
Your loved one’s death can cause your family significant financial strain. The burden might be even worse if the deceased was the breadwinner. So, in addition to dealing with grief, you must cope with unexpected financial hardship.
Filing a wrongful death suit can recover compensation for the losses incurred. Compensation may cover a variety of damages, including:
Funeral and burial expenses
Loss of consortium
Loss of love, care, and support
Pain and suffering
Working With a Lawyer on a Wrongful Death Case
The sudden death of your kin may leave you grieving and unable to deal with a lawsuit. That’s where a lawyer comes in. They can take care of the wrongful death case on your behalf.
There are many benefits of working with an attorney. For one, they can negotiate a fair settlement. A lawyer can also talk to the other party on your behalf. Additionally, an attorney will answer all your questions regarding the case.
Losing a loved one to a motorcycle accident is shattering. It’s even worse knowing that the accident wouldn’t have happened if not for someone’s negligence. You can get justice by suing for wrongful death and recovering compensation. Money can’t fix what happened, but it can help you pick up the pieces.