Filing Wrongful Death Claims Following Fatal Motorcycle Accidents
Learning that a loved one has perished in a motorcycle accident is something no one can prepare for. For the victim’s family, the pain can be indescribable and lasting. Unfortunately, fatal motorcycle accidents are all too common. Because they have so little protection, bikers are especially vulnerable to car drivers, the elements, and unexpected road hazards.
Sadly, these accidents are disproportionately fatal and often leave families fractured. The team at Wenholz | Dow, P.C., Trial Lawyers can help families of fatal motorcycle accident victims collect damages in wrongful death cases before they miss their window of opportunity.
What Constitutes a Wrongful Death in a Motorcycle Accident?
In the wake of a loved one’s fatal motorcycle accident, it can be near impossible to think straight. However, if you think the death of your loved one may have been the result of another person’s negligence, you owe it to yourself to find out. You may be able to pursue a wrongful death claim against the responsible party and receive damages to support yourself through a difficult time.
A car driver may be responsible for a motorcycle fatality if they:
- Did not see the motorcyclist
- Failed to yield the right of way
- Followed the motorcyclist too closely
- Did not understand the rules of the road or how to share the road with bikers
- Changed lanes in front of an oncoming motorcycle
Choosing the right attorney can make all the difference in your case. With our team, you can rest assured you will receive the best representation available.
How Do You Prove Negligence?
To prove negligence, your attorney must prove that the responsible party:
- Had an obligation to obey the rules of the road and drive carefully
- Violated their duty of care
- Directly caused the victim’s wrongful death because of that violation
If this is proven successfully, you will likely receive compensation for the damages inflicted by the responsible party.
What Damages Can Be Collected in Fatal Motorcycle Accidents?
In most cases, damages will include:
- Medical costs from treatment prior to death
- Funeral and burial costs
- Lost future income
- Emotional distress from losing a loved one
- Pain and suffering prior to death experienced by your loved one
While none of these can undo your loss, they can all ease the financial burden so that you are not left to struggle on your own.
If you think the death of your loved one may have been the result of another person’s negligence, you owe it to yourself to find out.
Why Is It Important to Act Immediately?
There is a statute of limitations on filing a wrongful death claim in Texas, so acting quickly is imperative. You have two years from the date of the accident to file your case. There may be exceptions, but the only way to know if your situation applies is to speak to an attorney as soon as possible. If you wait, you might not only risk missing the deadline to file a claim, but you also risk the loss of evidence and fading of witnesses’ memories.