September 16, 2014
Lost a Loved One in a Motorcycle Accident?
The death of a loved one is always devastating, but especially if the death occurred in a preventable accident.
Unfortunately, motorcycle riders frequently lose their lives because other drivers make careless choices or do not know how to be safe when sharing the road with riders. If a motorcyclist is killed, his surviving family members may have legal rights. Speak to a qualified attorney at Injury Trial Lawyers, APC today by calling (619) 525-7007.
You may be able to sue after you have lost a loved one in a motorcycle accident. You will need to determine who was to blame for the crash and whether you have suffered losses for which that person or company can be held accountable. A San Diego motorcycle accident lawyer can help you to understand your rights and can assist with pursuing a claim after you have lost a loved one in a motorcycle accident.
Your Rights After You Have Lost a Loved One in a Motorcycle Accident
When a loved one has been killed in a motorcycle collision, you can file a lawsuit if you can prove the elements of a motorcycle accident case. To make a successful claim, you must be able to prove:
- The defendant had some obligation to your deceased relative.
- For example, drivers have a legal obligation to follow all rules of the road, such as speed limits. Drivers also have an obligation to be at least as careful as the average reasonable person.
- Motorcycle manufacturers have a duty to make safe bikes, and those responsible for road maintenance have an obligation to keep the roads safe.
- The defendant breached the legal obligation.
- A driver who was more careless than any reasonable person would have been has breached his legal obligation.
- So has a manufacturer who released a dangerous or defective motorcycle onto the market, or
- An agency who was in charge of taking care of the roads and who allowed the street conditions to deteriorate to the point that the roads became dangerous.
- The breach of legal obligation was the direct cause of your loved one’s death.
- You have to show the death would not have happened if more care had been taken.
- The death caused you to suffer actual losses.
- Only close family members and dependents can make a wrongful death claim. You must be able to show that you lost something as a result of the deceased’s untimely passing.
- For example, you should be entitled to compensation for income the deceased would have contributed to your family; services the deceased provided; lost companionship; gifts the deceased would have given you; and other losses that occurred as a direct result of the death.
A San Diego motorcycle accident lawyer can review the circumstances of the motorcycle collision and help you to determine if you have a case after you have lost a loved one in a motorcycle accident.
Your lawyer can also assist with the process of getting police reports, witness statements and other evidence you need to make a successful claim. Call Injury Trial Lawyers today to schedule a free consultation and learn more about your rights after your family member’s death.
Injury Trial Lawyers, APC
1230 Columbia Street #560
San Diego, CA 92101