Motorcycle Accident Wrongful Death Attorneys in Los Angeles, CA
Losing a loved one is always gut-wrenching. Losing a loved one in a sudden, unexpected accident is even worse. In the blink of an eye, your entire world is turned on its head and you are forced to grapple with a new reality where you no longer have a spouse, parent, sibling, etc. The pain and emotional trauma associated with the sudden death of a loved one can be downright overwhelming.
Unfortunately, motorcycle accidents are a common cause of tragic incidents that result in a loss of life. According to the National Highway Traffic Safety Administration, approximately 5,172 motorcyclists lost their lives in motorcycle accidents, and that was just in 2017. Public data indicates that motorcyclists were 27 times more likely than occupants in sedans to die in accidents, according to the Insurance Information Institute.
When a family is forced to endure the sudden loss of a loved one in a motorcycle accident, they have to confront both the emotional pain of the loss but also tremendous financial stress and uncertainty. The financial stress and anxiety are often attributed to having to pay for the decedent’s medical care, burial expenses, funeral costs, and the unexpected loss of income to the household.
If you find yourself in this terrible scenario, it is important to take action by contacting an experienced motorcycle accident wrongful death attorney in Los Angeles. When you retain the services of a skilled and respected motorcycle accident wrongful death lawyer in Los Angeles, they can advise you of your legal rights and help guide you through the complex and intimidating process of filing a wrongful death lawsuit.
In addition to guiding you through a complex claims process, a fatal motorcycle accident attorney will conduct a thorough investigation of the accident, speak with witnesses, file all of the necessary claim forms, and work tirelessly to obtain a favorable outcome in your wrongful death action.
The actions or inactions of a motorist can cause a reckless driver motorcycle injury that is so severe it results in the death of a motorcyclist, the deceased victim’s surviving family may have grounds to take legal action and hold the reckless motorist responsible for their irresponsible or improper conduct.
What Is Wrongful Death?
Wrongful deaths often result from the negligent or reckless actions of actions of a motorist. While not every accident-related loss of life is considered a wrongful death, many are.
California has a specific statute on the books – Section 377.60 of the California Code of Civil Procedure – that enables a family to pursue financial restitution when a loved one died as the result of someone’s wrongful act.
What is a Major Cause of Death in Motorcycle Accidents?
When a fatal motorcycle accident occurs in Los Angeles, it is quite likely the accident was caused in part, or entirely, by the following actions:
- Motorist running a red light and hitting a motorcyclist
- Motorist failing to stop at a stop sign and hitting a motorcyclist
- Auto product liability accidents
- Unsafe left turn motorcycle accidents
- Intoxicated motorist
- Drugged motorist
- Drowsy and fatigued motorist
- Distracted motorist (e.g., texting and driving)
Who Can File a Claim For Fatal Motorcycle Accident?
When a wrongful death accident occurs, the family of the decedent can file a claim against the reckless motorist who caused the deadly accident in an effort to obtain financial restitution for the family’s harms and losses. However, according to California law, only specific family members are able to file a wrongful death lawsuit.
For example, household family members (e.g., a surviving spouse, minor children, dependent parents, dependent stepchildren, and other dependent minors living in the home) have the ability to pursue a wrongful death case on behalf of the decedent.
If there are no surviving household members, then other family members can step in and pursue a wrongful death action on behalf of the decedent. This second tier of survivor include parents, grandparents, siblings or children of deceased siblings, and children of a deceased spouse.
Pursuing a Wrongful Death Claim After a Fatal Los Angeles Motorcycle Accident
When you meet with experienced Los Angeles motorcycle accident wrongful death attorneys during a free consultation, they will likely explain the process associated with pursuing financial restitution through a wrongful death claim. Your Los Angeles fatal motorcycle accident attorney will likely explain that a viable wrongful death action needs to meet three specific elements.
These elements include the following:
- Element No. 1
Your loved one died in an accident. There is an array of accidents that can be the cause of death in a wrongful death lawsuit, including motorcycle accidents.
- Element No. 2
The death of your loved one was caused by the negligent actions or inactions of another party. Proving negligence on the part of the offending party is the essential aspect of a wrongful death lawsuit. You have to be able to prove that your family member’s death was a result of negligent actions or conduct by another party.
For example, you are unable to sue a vehicle manufacturer for an error on the part of the driver; however, if the accident were a result of a defective part or service, then that would be grounds to file a wrongful death lawsuit.
A qualified attorney understands that causation is the most crucial element in a wrongful death lawsuit, and they will prepare your case to give you the best opportunity to receive the settlement that you and your family deserve.
- Element No. 3
There is evidence that you suffered harm and losses. This means you need to have evidence showing that the death of your loved one is the proximate cause for your financial losses, emotional trauma, and other damages.
Other recoverable harms and losses include the medical bills for treating your loved one after the motorcycle accident, funeral expenses, and other costs associated with the sudden loss of your loved one.
Without the services of a qualified Los Angeles motorcycle accident wrongful death lawyer, it can be difficult to determine the value of your wrongful death claim and calculating the economic damages you may be entitled to receive from the negligent or reckless party.
Types Of Compensation For Fatal Bike Accidents
When a wrongful death action is filed, you can pursue financial restitution for the following types of harms and losses:
- Funeral expenses
- Burial costs
- Loss of financial support provided by the decedent
- Loss of companionship, comfort, protection, and love provided by the decedent
- Loss of guidance and training provided by the decedent (when the decedent had children) Loss of a spouse’s intimate relations (when the decedent was married)
Get Free Consultation from Motorcycle Accident Wrongful Death Lawyers
If you suffered a loss of a loved in a motorcycle accident, now is the time to take action and contact an experienced Los Angeles motorcycle accident lawyer. Your motorcycle accident wrongful death lawyer will do all they can to pursue some semblance of justice for you and your loved one in a court of law.
To learn more about filing a wrongful death lawsuit in California, schedule a free case review with respected and reputable motorcycle accident wrongful death attorneys today.
When you contact a motorcycle accident attorney in Los Angeles, you can rest assured that you will not have to pay a large retainer fee or hourly cost. In fact, most reputable motorcycle accident lawyers handle cases under contingent fee agreements.
These agreements mean you pay nothing upfront and your fatal motorcycle accident lawyer only gets paid when you get paid.