According to the National Highway Traffic Safety Administration, motorcycle riders are 30 times more likely to die in a collision than drivers and occupants of cars. The loss of someone you love can change your life forever. In addition to the emotional impact, when a family member is killed in a motorcycle accident, it can also have a significant financial impact.
You may be able to sue for wrongful death after a motorcycle crash to receive compensation for both economic and non-financial losses. Several key factors will determine whether you can make a wrongful death claim. A Long Beach lawyer can offer you a one-on-one case evaluation to determine whether or not you can sue. You can also answer some key questions on your own to see if you have a case.
Answer These Questions to Find Out If You Can Sue for Wrongful Death After a Motorcycle Crash
The answers to these questions will help you find out if you can sue for wrongful death after a motorcycle crash:
- What was your relationship with the crash victim? In California, a spouse, domestic partner, or surviving children can file a lawsuit for wrongful death. Stepchildren, parents, or a putative spouse can also sue if they were financially dependent on the victim. If there is no surviving relative or dependent, a claim can be brought by someone who is entitled to the deceased’s property under intestate succession laws. If you are not one of the people the law allows to sue, you can’t move forward with a claim for wrongful death after a motorcycle collision.
- What was the cause of the accident? If another driver caused the accident, you should be able to file a claim against that motorist. If no other drivers were involved, you can still sue if you can prove a defect in the road lead to the crash or a product design issue with the motorcycle caused or contributed to the accident. Unless someone other than the deceased was to blame, you are not going to be able to sue for wrongful death after a motorcycle crash.
- Do you have any evidence? To win a wrongful death lawsuit you are going to have the burden of proving by a preponderance of the evidence – more likely than not – that the crash occurred as a direct and foreseeable result of negligence on the part of the defendant. You’ll need evidence to be able to make your case. This can come from expert testimony, witnesses at the crash scene, surveillance footage, or other types of evidence.
- Can you prove damages? Can you show that there were actual financial and non-economic losses caused by the death in the motorcycle crash.
How a Long Beach Lawyer Can Help You Sue For Wrongful Death After a Motorcycle Accident
Your Injuries are Personal to Me
I am an experienced Long Beach lawyer who is passionate about helping families get fair compensation for the tragic loss of someone they love. I can help you pursue a claim for wrongful death after a motorcycle accident. I will perform an investigation of the accident, identify all possible defendants, work with the insurance company to settle the claim or, if necessary, litigate your wrongful death claim so you receive full compensation for damages.
You are under no obligation and you will never pay any money unless you recover damages for your injuries.
I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
- When Are Liability Waivers Enforceable in California? - April 5, 2021
- 4 FAQs About Defective Product Wrongful Death Claims - February 18, 2021
- 4 FAQs About Left-Turn Motorcycle Accident Claims - February 7, 2021