Losing someone you love in a motorcycle accident is one of the worst things a family can go through.
When the accident wasn’t their fault but happened because of someone else’s careless or reckless actions, it hurts even more. If this has happened to you, you need to know that you have legal rights.
You might be able to file something called a wrongful death claim to get justice for your loved one.
At Wrongful Death Lawyers, our Care Team will help you navigate this trying time by giving you the care and legal advice you need to navigate these trying times.
What Exactly Is a Wrongful Death Motorcycle Accident?
A “wrongful death” is when someone dies because another person was negligent or acted badly. For motorcycle accidents, this could mean a fatal crash caused by a driver who wasn’t paying attention, a road that was in poor condition, or even a problem with the motorcycle itself. A wrongful death claim is a way for the family to get money for their losses. This includes bills for medical care and the funeral, the income the person would have earned, and the pain of losing someone you love.
How Do Wrongful Death Motorcycle Accidents Happen?
Motorcyclists are in a lot of danger on the road. They don’t have a car frame protecting them, so even a small collision can be deadly. Here are some common reasons why fatal motorcycle accidents occur:
- Left-hand turns by cars: Drivers often don’t see motorcycles coming when they’re turning left. They turn right into the bike’s path.
- Riding between lanes: Some motorcyclists drive between lanes of slow or stopped traffic. This is called “lane splitting.” It’s really risky because a car might switch lanes and hit them.
- Speeding: When people speed, whether in a car or on a motorcycle, they have less time to avoid a crash.
- Drunk or drugged driving: Driving while impaired by alcohol or drugs is incredibly dangerous for everyone on the road.
- Bad road conditions: Potholes, loose gravel, and other problems with the road can make a motorcyclist wipe out.
How Wrongful Death Claims Work in Arizona and South Carolina
Every state has its laws about wrongful death lawsuits. In Arizona and South Carolina, the family or estate of someone who died because of another person’s wrongful actions can sue for damages.
Arizona says a wrongful death claim has to be filed by a “personal representative” for the family.
This could be the person named in the will to handle the estate or someone the court picks. The claim usually needs to be filed within two years of the death.
In South Carolina, the claim has to be brought by the executor or administrator of the estate. The deadline for filing is three years from the date of the death. Any money from the lawsuit gets given out to the family.
What You Have to Prove for a Wrongful Death Case
To win a wrongful death case, you have to show that the person you’re suing was negligent and that negligence caused your loved one’s death. Here’s what that involves:
- Proving the person had a “duty of care” to your loved one
- Showing they failed at that duty
- Connecting that failure to the death
- Showing how the death hurt you and your family
What Kind of Compensation Can You Get?
No amount of money can make up for losing someone you love. But a wrongful death case can help your family get the financial support you need. You might be able to get money for:
- Hospital bills from your loved one’s last injury
- Funeral and burial expenses
- The money your loved one would have earned
- Their pain and suffering before they died
- Losing their love, care, and guidance
- Your grief and suffering
In some really bad cases, you might also get “punitive damages.” That’s extra money the person has to pay as punishment.
Dealing with Insurance Companies
After a fatal motorcycle accident, the insurance company of the person who caused the crash might contact you. They may offer you a quick settlement. As tempting as it is to take the money and put the whole thing behind you, insurers rarely offer a fair amount upfront. They’re hoping you’ll accept a lowball offer before you know what the case is worth.
Here’s the smart thing to do: don’t sign anything from an insurance company until you’ve spoken to a professional. Our Care Team can help you understand what your case could be worth and what steps to take next. We won’t let them take advantage of you during this terrible time.
Your family’s well-being is our top concern. We know how overwhelming and heartbreaking it is to lose a loved one, especially in such a sudden and tragic way. Filing a wrongful death claim might seem like too much to deal with right now. But whenever you’re ready, we’re here to help you through it. You don’t have to carry this burden alone.
Contact Our Care Team
If you have questions about wrongful death motorcycle accidents or just need someone to talk to, please reach out. Our compassionate Care Team at Wrongful Death Lawyers is ready to provide the guidance and support you need during this painful time. Together, we’ll work to get you the justice and the resources your family deserves.
