Amid the grief of losing a loved one, surviving family members are often left to navigate complex financial and legal issues without support. As a law firm dedicated to helping families in their darkest times, HHJ Trial Attorneys is here to provide the guidance, compassion, and resources needed to move forward after an unimaginable tragedy.
Common Causes of Motorcycle Fatalities
While motorcycles are an efficient form of transportation providing great freedom, they also carry numerous risks. Other drivers can be unpredictable, and road conditions can change quickly, often leading to life-threatening accidents. In the case of motorcycles, fatalities are more likely. The most common causes of motorcycle accident fatalities include:
- Drivers who are under the influence of drugs or alcohol
- Distracted drivers involved in texting, eating, etc.
- Drivers not checking their blind spots before turning or changing lanes
- Drivers who engage in reckless or aggressive behavior like speeding and tailgating
- Hazardous, poorly maintained roads
Filing a Wrongful Death Claim
When another driver’s negligence injures a motorcyclist, an attorney can help them seek compensation through a personal injury claim. However, when the motorcyclist succumbs to their injuries, their family must suddenly deal with the emotional and financial repercussions. In these situations, the family usually has the right to file a wrongful death claim to help them recover specific financial losses.
Not everyone is eligible to file a wrongful death claim, and most states have a hierarchy of people who may file this claim. Some family situations are complicated and require an attorney’s expertise, but typically, the hierarchy is as follows:
- The surviving spouse
- The deceased’s children
- Dependents of the deceased
- The deceased’s financially dependent parents
- The deceased’s next of kin
- The representative of the deceased’s estate
To pursue a wrongful death claim, the family or their attorney must prove the at-fault driver’s negligence. Evidence of several factors proves negligence. In most cases, these factors are easy to establish, as the laws of the road are relatively straightforward.
- The driver had a duty of care
- The driver breached the duty of care
- The breach of duty directly caused the death
- The death led to damages
Motorcycle Accident Fatality Compensation
When a family files a wrongful death claim, there are several forms of compensation they can seek. The Fatal Accidents Act of 1976 was passed to give those who relied on the deceased a way to recover damages caused by the death. Some of the most common damages awarded in wrongful death cases include:
- Medical expenses incurred before death
- Funeral expenses
- The loss of income the deceased would have earned
- Loss of companionship or parental guidance
- Loss of financial support
- Bereavement support
The Wrongful Death Claims Process
While legal proceedings of any kind are never easy, wrongful death claims can offer a lifeline for the families of deceased motorcyclists. For those feeling trepidatious about the possibility of a legal battle, it may be helpful to have a clearer understanding of the process. The first step is usually to select an attorney to handle the complexities of the case. They will then guide the family through the rest of the process:
- The motorcycle accident attorney will thoroughly investigate the accident and collect evidence to build a solid case against the at-fault driver.
- The attorney will compile all required documentation and formally file the lawsuit. At this time, a copy will also be served to the defendant.
- Many wrongful death cases are settled outside of court, and the attorney will participate in talks to reach a fair settlement for the family.
- Should the attorney and defense team fail to reach a satisfactory settlement, the family may take the case to trial to seek an official ruling from a judge.
The Role of an Attorney in a Wrongful Death Claim
Attorneys are not legally required for wrongful death cases, but families are strongly encouraged to seek the help of a legal expert. Attorneys have several roles, and their in-depth legal knowledge and experience can often make or break a case. At HHJ Trial Attorneys, our legal team has decades of experience helping families recover damages after a loved one’s wrongful death. We are responsible for:
- Guiding families through the legal process
- Providing the emotional support they need to move forward
- Explaining the family’s rights
- Handling all legal paperwork and deadlines
- Managing the family’s expectations
- Doing everything in their power to secure fair compensation
While no verdict can ever make up for the premature death of a beloved family member, filing a wrongful death claim can give the surviving family a way to move through their grief without the additional strain of unpaid bills.
Seeking Justice for a Motorcycle Accident Fatality
If a loved one has lost their life in a motorcycle accident due to the negligent behavior of another driver, contact HHJ Trial Attorneys for expert legal advice and guidance. Schedule your free consultation so we can discuss your case and determine the value of your compensation. You don’t have to face this alone. Our experienced attorneys have the expertise needed to help you recover your damages.
