Owning a motorcycle provides a unique and exhilarating experience on the road. You have much more maneuverability, and there’s something to be said about the thrill of feeling the wind against your body while you ride.
Unfortunately, motorcycles are also one of the least safe forms of transportation. Motorcycle crashes accounted for approximately 14% of all vehicle collisions in the United States in 2021.
Dealing with the aftermath of a fatal motorcycle collision is often highly traumatic for everyone involved. However, it’s essential to understand your legal options after a fatal motorcycle accident occurs.
We’ve written a brief guide that outlines the key information you need to know. Let’s explore what to keep in mind.
File a Wrongful Death Claim
After a fatal accident, the primary legal course of action you should consider is filing a wrongful death claim. The personal representative of the deceased’s estate is permitted to do so on their behalf.
The situation can sometimes become complex if the deceased hasn’t outlined this information before their passing. In situations like these, an immediate family member can often file a claim. This typically involves a parent or spouse taking legal action.
Types of Compensation
There are various types of compensation you can pursue after the death of a loved one. It’s essential to understand these so you can take advantage of available opportunities. Listed below are the primary ones to consider.
Medical Bills
This is one of the most common ways surviving loved ones are compensated after an accident. If someone receives medical treatment after an accident, these expenses can quickly add up.
For example, let’s assume that someone spent two weeks being cared for in the hospital after an accident before passing away. Situations like these can quickly exceed $100,000 in medical expenses. Filing a wrongful death claim can help you manage these costs instead of facing financial ruin.
Funeral Costs
Burial and funeral expenses are often substantially higher than most people anticipate. It’s not uncommon for families to have difficulty accommodating them. Working with a reputable attorney can ensure that you have access to the required funds.
Pain & Suffering
Many people overlook the impact pain and suffering can have after the loss of a loved one. Prolonged periods of depression frequently follow after a motorcycle-related death. In some cases, this could prevent someone from performing well at their job or damage their relationships.
Loss of Support
If the deceased individual provided familial support, surviving family members will likely experience a sharp decrease in their quality of life. For instance, let’s assume the person who passed away was frequently responsible for picking up their children from school, feeding them, and taking them to sports practice.
Once this person is gone, their partner will have to pick up the slack. It may not be possible for them to do so without spending extra money or enlisting help.
Lost Wages
Many families have a breadwinner. This person is responsible for making the majority of the household’s income. Filing a wrongful death claim can help you acquire the money the spouse would’ve made if they hadn’t been involved in the accident.
Common Causes of Motorcycle Accidents
The causes behind motorcycle accidents aren’t always the same as those that cause conventional vehicle collisions. It’s important to understand them, as they’ll play a large role in how successful you are in pursuing compensation. Let’s take a closer look below.
Passenger Negligence
In some scenarios, passenger negligence can lead to an accident. These situations typically involve passengers exhibiting unsafe behavior, such as leaning too far to one side. Passengers who distract the driver also create an additional risk of experiencing an accident.
Driver Negligence
In many accidents, the driver is the primary contributor. A lack of awareness of one’s surroundings can easily lead to a collision.
The same can be said about distracted driving, which typically involves not checking blind spots, being oblivious to merging vehicles, etc. Driver negligence also applies to the drivers of other vehicles.
Inclement Weather
Motorcyclists are at much greater risk of experiencing a collision compared to those who drive other vehicles. This is because motorcycles inherently have much less stability. Riders also have little protection from their surroundings during collisions.
Inclement weather can make these dangers even more prominent. Even something as simple as a light rainstorm can turn a normally quiet road into a death trap.
Mechanical Failures
Poorly-maintained motorcycles are prone to experiencing mechanical failures. If these occur at high speeds, there’s a significant chance the accident will lead to injury or death. It’s imperative to schedule regular inspections so you can avoid scenarios like these.
Road Hazards
Rocks, gravel, and other debris can make riding a motorcycle exponentially less safe. To make matters worse, riders often encounter these with little warning. Even a single object on the road can be catastrophic.
Finding a Lawyer
To get the best results, you’ll need to work with the right attorney. They can help you navigate the legal system’s nuances and get the compensation you deserve. Here’s what to look for during your search.
Experience
How experienced are they? It’s in your best interest to find someone who’s been in the industry for at least a decade. This ensures they will understand your case’s fine details.
The more experience they have, the better. Highly experienced individuals are more likely to have encountered situations like yours before.
You should prioritize attorneys with substantial experience if your case is notably complex. To clarify, let’s assume you got in an accident that involved five other parties.
It will take a seasoned veteran of the industry to get the best outcome. Inexperienced attorneys won’t be able to handle cases like these.
Enthusiasm
How enthusiastic are they about helping you? If they don’t seem interested in your case, it’s best to continue your search elsewhere.
They will likely fall short of your goals if they don’t care about getting the best results. In most cases, you can quickly assess their enthusiasm when you meet with them. Interested attorneys will go out of their way to ask questions about your situation.
Area of Concentration
Just because an attorney says they can help with your case doesn’t mean they have the knowledge or resources to do so. Find someone who concentrates in this area of law. Your case will be in much better hands compared to somebody who only occasionally handles wrongful death cases.
Accessibility
It’s essential to establish how you can get in touch with your attorney before hiring them. Ask how often they plan to communicate with you and what methods they plan to use. Never work with an attorney who’s difficult to get in touch with.
Being left in the dark during your case is often frustrating and stressful. Ask if they charge extra for certain types of communication, as well.
To clarify, your lawyer might tell you they’re willing to answer emails and texts outside of business hours. However, they might also charge an additional fee to do so. Clarify this information beforehand so you don’t experience financial surprises you could’ve otherwise avoided.
Price
Not all attorneys are created equal. It’s not recommended to choose the cheapest professionals you encounter.
However, this doesn’t mean you need to spend as much money as possible. Generally, someone in the middle of the price range can meet your needs without surpassing your budget. Continue searching until you find a reputable lawyer who’s reasonably priced.
Pay attention to how they bill their clients, as well. Some lawyers charge hourly rates, while others charge flat fees.
Some attorneys will work on a contingency basis if your case meets certain criteria. This refers to a situation where you pay nothing upfront and the attorney takes their compensation from your winnings. If they don’t win your case, you don’t have to pay anything at all.
Success Rate Going to Trial
Many attorneys out there prioritize settlements instead of going to trial. While there’s nothing inherently wrong with doing so, it’s recommended to choose an attorney who has sufficient courtroom experience.
In the event your case goes to trial, the last thing you want is for your lawyer to fall short of your obligations. Attorneys who have a strong track record in the courtroom will typically advertise this fact. It shouldn’t take you long to find a lawyer who has won a large percentage of their cases.
Take Action After a Fatal Motorcycle Accident
If a loved one was involved in a fatal motorcycle accident, it’s best to get in touch with a reputable attorney as soon as possible. They have the tools and resources to ensure you get started on the right track and have the greatest chance of success.
The team at Sweet Lawyers has over 40 years of combined experience that we leverage to deliver the best results. We pride ourselves on going above and beyond for each of our clients and making the process as simple as possible. You can learn more about the benefits we offer when you book a consultation today.
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