Lakewood Motorcycle Accident Wrongful Death Lawyer
Motorcycle wrecks can be incredibly dangerous due to the lack of protection on the vehicle and the potential for a rider to be thrown from the vehicle. If a negligent person causes fatal injuries in a motorbike collision, the deceased party’s estate could pursue a wrongful death case against the at-fault party.
If you have lost a loved one in a motorcycle accident caused by someone else, a dedicated attorney could help you pursue justice and seek the compensation you deserve. Reach out to a Lakewood motorcycle accident wrongful death lawyer to learn more.
Efforts to Keep Motorcyclists Safe
Over the past few years, motorcycle manufacturers have incorporated features into their motorcycles to make them safer. A few of those important safety innovations include anti-lock braking systems, combined braking systems, traction control, rear lift-off protection, and stability control.
Although helmets are proven to save lives, riders 18 and over are not required to wear helmets under state law. However, if the motorcycle operator or passengers are under age 18, they must wear a helmet approved by the Department of Transportation (DOT.)
Despite these efforts on many fronts to keep motorcyclists safe, accidents caused by negligent drivers are often inevitable. When these wrecks result in fatalities, a wrongful death suit could help the decedent’s family get the justice and closure they need.
Who is Usually At Fault in a Fatal Motorbike Crash?
It is rare that collisions are caused by motorbike riders. Motorcyclists or their surviving family members tend to be the plaintiffs in motorbike accident cases.
In severe and fatal motorcycle accidents involving multiple vehicles, greater blame usually falls on four-wheel drivers, and most motorcycle crashes do involve other vehicles. Driver negligence can lead to severe injuries and fatalities for motorcyclists because they have minimal protection. Distracted driving and other careless acts can lead to fatal outcomes for motorbike riders. A dedicated Lakewood attorney could help prove the wrongful party’s fault in a fatal motorcycle wreck.
How State Negligence Laws Can Impact a Case
Lakewood is an at-fault jurisdiction, meaning that the survivor of the decedent in a motorcycle accident may claim compensation from the liable party. To pursue compensation, the surviving party will need to prove that the at-fault driver acted negligently in causing the wreck.
Comparative negligence laws can also impact an individual’s recoverable damages after an accident. If the injured party was more than 50 percent at fault for the accident, the plaintiff would not be able to collect any damages. If the injured party was less than 50 percent at fault for the collision, their potential compensation amount would be reduced according to the percentage of fault they held in the accident. A skilled attorney could explain comparative negligence in more detail as it relates to fatal motorcycle crashes.
Available Damages in a Lakewood Motorbike Wrongful Death Case
In a wrongful death case, eligible family members of the decedent may recover both economic and non-economic damages. Economic damages include:
- Medical and funeral expenses
- Out-of-pocket expenses
- Lost household or other services
- Lost support and income
- Lost prospect of inheritance
If an adult wage earner with children dies, their children may recover for the loss of parental guidance. Non-economic damages such as pain and suffering also may be recovered. The damages award will include interest, starting from the date of the death.
Survival Actions in Fatal Motorcycle Crash Cases
Decedent survivors may maintain a survival action in cases where the decedent does not die immediately from the accident and brings a personal injury lawsuit. That claim allows the decedent’s estate to recover for the decedent’s lawsuit pain and suffering before dying.
Among other things, the jury may look at the degree to which the decedent was conscious, the severity of their pain, and their awareness of impending death. An experienced attorney could present the necessary information to the jury to establish the extent of a decedent’s losses in a fatal motorcycle crash.
Discuss Your Case with a Lakewood Motorcycle Accident Wrongful Death Attorney
If you have lost someone in a fatal motorcycle crash, you may feel unsure of what steps to take. A Lakewood motorcycle accident wrongful death lawyer should be your first point of contact. A compassionate attorney could help you hold the at-fault party accountable for your loved one’s death and pursue the financial compensation that your family deserves. Call today to get started on your case.