There is a certain risk that comes with motorcycles – as they are smaller, faster, typically more difficult to see, and do not provide much protection to riders or passengers when directly compared to the average passenger vehicle. The dangers associated with motorcycles are supported by statistics. According to the National Highway Traffic Safety Administration (NHTSA), a total of 5,172 motorcyclists died in crashes in 2017. In the same year, there were approximately 89,000 motorcyclist injuries.
Victims of motorcycle accidents are likely to suffer devastating injuries, including but not limited to head injuries, traumatic brain injuries, spinal cord injuries, shattered bones, amputations, lacerations, and organ damage, for example. These injuries can potentially lead to death. In many cases, motorcyclists lose their lives on the scene of the incident, although some lose their lives as they are unable to withstand any medical treatment in hospitals.
Regardless, the death of a family member in a motorcycle accident can be overwhelming. Without a doubt, an unexpected death will always be associated with mental and emotional distress of grieving someone you love. On top of this, grieving family could be left dealing with sudden financial distress – primarily that associated with the funeral process.
However, some relief might come from knowing that funeral expenses could be covered. In fact, if surviving family members pursue a wrongful death claim for the death of their loved one associated with a motorcycle accident, all funeral expenses could be covered. Would you like to learn more about your right to pursue a wrongful death claim after a motorcycle accident resulted in the death of a member of your family? If so, you should discuss your current situation with the experts at our firm immediately.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – including wrongful death claims. Our knowledgeable wrongful death attorneys are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. If you would like to speak with the experts at our firm, do not hesitate to contact us today.
Common Causes Surrounding Motorcycle Accidents
Motorcycle accidents are typically associated with the negligence of drivers on the road – even if motorcyclists are safe while riding, the negligent actions of drivers can result in devastating accidents. Some of the common causes of motorcycle accidents are listed below:
- Driving above the speed limit
- Driving while under the influence of drugs or alcohol (including prescription medication)
- Driving while distracted (including using mobile devices, for instance)
- Driving recklessly (including tailgating, weaving in and out of traffic, failing to check blind spots before lane changes, and getting too close to other vehicles)
- Ignoring traffic signals and laws (including traffic lights, stop signs, and yield signs)
Although other drivers are likely to contribute to incidents, it is also possible for other parties or entities to be liable. Consider some other common causes of incidents:
- Defects in the vehicle
- Mechanical issues in the vehicle
- Poor road conditions related to weather
- Potholes on roads
- Poorly lit roads/intersections
- Defective traffic signals
So, who is liable for the motorcycle accident and the death of your family member? Depending on the specific cause of the incident, negligent drivers, negligent manufacturers and/or mechanics, and even city entities could be liable for incidents.
Understanding Liability for Motorcycle Accidents
Liability is essentially based on the four elements of negligence – duty of care, breach of duty, cause, and harm. Consider the points mentioned below:
- Duty of care – parties or entities owe you a duty of care. Drivers on the road have a duty to drive safely to prevent incidents. Vehicle manufacturers have the duty to ensure that their products are safe to release to their consumers. Mechanics have the duty to ensure that they address issues present in vehicles to make them safe to be on the road. City entities have the duty to ensure that roads are maintained and overall safe for drivers.
- Breached duty of care – parties can fail to exercise the duty owed to others and put them at risk of suffering harm. Depending on the specific duty of care owed, the breach of duty may look different. Ultimately, the breached duty of care puts an innocent party at risk.
- Cause – the breached duty of care directly leads to an incident (an incident that could have been avoided completely if there was no breach of duty).
- Harm – the incident resulting from the breached duty of care can lead to harm (which could have also been completely avoided if the duty of care had been exercised)
Understanding Funeral Expenses
There are a number of costs that arise after the death of a person associated with the funeral process. Consider some of the points mentioned below:
- Picking up and transporting the body between locations
- Preparing the body for the funeral
- Paying funeral directors/staff
- Buying a casket
- Purchasing a burial plot
- Viewing expenses as well as the cost of memorial services
- Cremating fees and urn costs
- Purchasing a tombstone
On average, funeral costs can range between $7,000 and $12,000. Without a doubt, this could result in financial strain for family members.
Who Pays Funeral Expenses
Although surviving family members might expect to pay all funeral expenses out of pocket, this is not always the case. If the victim had personal injury protection (PIP), at least a portion of funeral expenses could be covered. Additionally, if the victim had an insurance coverage that included accidental death, funeral costs could also be covered in the case of a wrongful death. If the death was associated with an incident, such as a motorcycle-versus-auto crash, the negligent party could be liable; therefore, the liable party’s insurance coverage could cover at least some of the funeral expenses.
Although insurance can cover these costs, it can be difficult to get insurance companies to pay. In many cases, family members have no other options but to file a wrongful death claim to ensure that they are rightfully compensated for funeral expenses.
Filing a Wrongful Death Claim
If a motorcycle accident caused by the negligence of a party or entity resulted in the death of your loved one, you might have grounds to sue – specifically, you could file a wrongful death claim. Can you pursue a claim? Based on California law, the deceased individuals surviving spouse, domestic partner, or surviving children can sue. If there are no individuals that fit these categories, anyone who would be entitled to property based on intestate succession (including the victim’s parents or siblings) could have the right to sue. In addition, if they can prove that they were financially dependent on the decedent, the decedent’s putative spouse (and their children), stepchildren, and parents could pursue a wrongful death claim.
To prepare to pursue a claim, you should gather the following:
- Images of the scene of the incident
- Images of the victim’s injuries
- Video footage of the accident (if available)
- All records of medical expenses
- Copies of reports made by first responders
- Relevant insurance information
- Records of all expenses associated with the incident
Additionally, it is important that you have access to the appropriate legal representation. If you are interested in learning more about what you should do to prepare to file a wrongful death claim, do not hesitate to seek legal assistance as soon as possible with the experts at our firm.
You Must File Quickly
If you are interested in pursuing a wrongful death claim for the harm that a member of your family suffered in a motorcycle accident, you must file within the time allowed by the statute of limitations. All claims, including wrongful death claims, are subject to a statute of limitations. A statute of limitations determines the total length of time that claimants have to sue. If claimants do not file their claims on time, they could lose their right to sue. In California, wrongful death claims are normally subject to a two-year statute of limitations. This means that surviving family members only have two years to sue. To ensure that you have a thorough understanding of the total length of time that you have to sue, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
Contact Normandie Law Firm Today
Although filing a wrongful death lawsuit will not bring back your loved one, doing so can ensure that you and the rest of your family are rightfully compensated – and that funeral costs are covered. If you are interested in learning more about your right to file a wrongful death claim after a motorcycle accident, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. The wrongful death lawyers at Normandie Law Firm are ready to provide you with the representation that you need to reach a successful claim outcome.
At our firm, we offer free legal services. Our free legal services include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns. Our wrongful death lawyers will be available to provide you with all the information necessary to help you reach a successful claim outcome. If you are interested in benefiting from our free legal services, contact our firm today.
Our firm also offers a Zero-Fee guarantee which ensures that our clients will never have to pay upfront fees to speak with our lawyers. Our firm is also strictly based on a contingency structure; therefore, our clients will never be required to pay anything for legal expenses until after reaching a successful claim outcome.
Are you ready to speak with our wrongful death lawyers? If so, contact us at your earliest convenience.
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How to file a Wrongful Death in California
