When a motorcycle accident results in the loss of a loved one, the grief can feel insurmountable, and the path forward may be uncertain. If anyone can show you the way, it is an attorney, as they will have experience helping other survivors cope with their grief—and holding liable parties financially accountable.
Many motorcycle accidents happen through no fault of the rider's. This means that your loved one's wrongful death may have been entirely preventable if only others had taken basic measures to protect them. Do not wait to retain a Stevens Point, Wisconsin, wrongful death lawyer to demand compensation for your loss, which can mean filing a wrongful death lawsuit. In this article, we will explain what your case may entail, how your lawyer will help, and what justice could look like.
Fatal Motorcycle Accident - Key Takeaways
- Fatal motorcycle accidents often result from the negligence of other drivers, not the motorcyclist's actions or choices
- Survivors can pursue compensation for both economic damages (medical bills, lost income, funeral costs, etc.) and non-economic damages (pain, suffering, loss of companionship, etc.), both of which are equally important when defining "justice"
- Anti-motorcycle bias can influence insurance companies, civil defense attorneys, witnesses, and even legal proceedings, making it even more critical that you have an effective lawyer on your side
- Wrongful death lawsuits have strict time limitations, including non-negotiable deadlines for filing a lawsuit
- The emotional toll of losing a loved one in a motorcycle accident tends to be overwhelming—hiring an attorney will enable you to tend to your grief
Why Fatal Motorcycle Collisions Happen (and What Those Causes Mean for Liability)
Motorcycle fatalities rarely occur solely due to rider error. The vulnerability of motorcyclists makes them particularly susceptible to severe injuries when other parties act negligently.
A proper investigation will show your attorney who has caused you this pain, and they may find that the cause of the accident includes:
A Careless or Reckless Driver
The majority of fatal motorcycle accidents involve another vehicle, and the driver of the larger vehicle is often at fault. Riders are particularly difficult to see, but motor vehicle drivers often increase the likelihood of an accident even further by:
- Failing to check blind spots or look closely for riders approaching in oncoming traffic
- Tailgating
- Driving while distracted
- Driving while impaired
- Running red lights, yield signs, and stop signs
Whenever a motorist does not operate with the utmost alertness and defensiveness, they risk riders' lives.
Dangerous Driving Conditions
If the roads are not safe, nobody is safe. That is particularly true of riders, whose two-wheeled vehicles make them uniquely vulnerable to road hazards such as:
- Potholes
- Debris
- Uneven surfaces
- Inadequate signage
- Malfunctioning traffic signals
- Dangerous construction zones
- Puddles and other weather-related hazards due to poor road design or maintenance
- Poorly designed roadways with dangerous curves or sight obstructions
Municipalities can be liable for riders' deaths. An experienced attorney will be unafraid to hold a negligent municipality liable for your loved one's loss.
Defective Bikes, Motor Vehicles, and Equipment
Manufacturing defects in motorcycles, motor vehicles, and safety equipment can contribute to fatal accidents. Whether a defect caused the collision or made the rider's injuries worse is a question an attorney will answer, if it's relevant to your case.
Lawyers Have Seen Survivors' Grief and Devastation. Your Case Will Give Voice to Your Heartache.
There are many ways to define fatal motorcycle accidents statistically, but no statistic adequately reflects survivors' heartache. The grief following a deadly motorcycle accident creates unique challenges that you are now facing. A wrongful death lawyer can take the challenging legal process off your shoulders.
Stark Realities That Follow Shortly After a Fatal Motorcycle Accident
The first days and weeks after a fatal motorcycle accident often involve overwhelming practical and emotional demands, which might include:
- Coordinating with law enforcement, coroners, and medical professionals
- Making funeral arrangements
- Dealing with insurance companies that may pressure you to accept a quick settlement
- Supporting other family members, including children, through trauma
Your attorney will handle the legal responsibilities, including dealing with insurers, law enforcement, and obtaining necessary medical records.
The Long-Term Emotional Impact Is What Must Stand Out in Your Case
The effects of losing a loved one in a motorcycle accident can persist for years. Intense grief, survivors' guilt, depression, generalized anxiety, fear of riding, financial stress related to the loss, and a glaring void in your life are very real realities for survivors.
Your attorney will ensure that your wrongful death case shines a light on these and other emotional and psychological fallout from the crash.
Profound grief can impair judgment and decision-making abilities at vital moments, including throughout a wrongful death case. What you've endured is not normal, and it takes time to process such profound loss.
You are not alone. Fatal motorcycle accidents continue to follow a general upward trend. This is a tragic fact, but it also underscores how much experience attorneys have representing survivors of these accidents. Trust in that experience, as it is a priceless asset to cases like yours.
The Specific Damages Survivors Often Receive Compensation For:
We have spoken about the short- and long-term challenges that survivors endure after losing a loved one in fatal accidents. We must now discuss the specific damages for which you may be entitled to compensation, as they pervade every aspect of life:
Losing a Loved One Can Be Financially Destabilizing
Quantifiable financial losses form the foundation of most wrongful death claims, and they can include:
- Lost income and benefits your loved one would have earned over their lifetime
- Medical expenses
- Funeral and burial costs
- Loss of household services, as the day-to-day void tends to be glaring when a loved one is suddenly gone
Each rider's financial situation is unique, and your lawyer will get to know your unique family circumstances as they evaluate the economic cost of your loss.
The Non-Economic Cost of a Loved One's Death Is Often the Heaviest Burden
When we think of losing a loved one, money is not usually the first loss that comes to mind. It's their love, support, and undefinable presence that we miss most, which is why survivors often receive compensation reflecting:
- Loss of companionship and emotional support
- Loss of guidance, care, and nurturing, particularly important when children lose a parent
- Mental anguish and emotional distress (including but not limited to grief)
- Loss of consortium for surviving spouses
Pain and suffering endured by your loved one before death should also be considered as part of your case.
Some Fatal Motorcycle Accident Cases Involving Punitive Damages
In cases involving particularly egregious conduct, courts may award punitive damages designed to punish wrongdoers and deter similar behavior:
- Drunk driving accidents with extremely high blood alcohol levels
- Hit-and-run accidents where the responsible party fled the scene
- Cases involving repeat offenders with extensive driving violations
- Situations where defendants acted with conscious disregard for safety
Several factors influence the ultimate value of a wrongful death claim, such as the deceased's age and life expectancy, earning capacity, and the number of surviving dependents.
Warning: Anti-Rider Bias Can Infiltrate Your Wrongful Death Case. Your Lawyer Will Prevent That.
One of the most challenging aspects of pursuing justice after a fatal motorcycle accident involves confronting deeply ingrained biases against motorcyclists. This prejudice can infiltrate every aspect of the legal process—and yes, it can even affect victims in the throes of grief.
Misconceptions and stereotypes, including that riders are reckless daredevils rather than ordinary individuals who happen to choose two-wheeled transportation, are all too common. Even when evidence clearly shows another party's negligence caused the accident, investigators and insurance companies often attempt to shift blame to the motorcyclist.
Common unfair assumptions include claims that the rider was speeding, lane-splitting inappropriately, or somehow contributed to the crash through aggressive behavior. Professional legal representation is the most proven, essential way to counteract these prejudices.
Here's What You Get from a Fatal Motorcycle Accident Attorney
You may have some idea about what a lawyer does, but most do not understand just how comprehensive a wrongful death lawyer's assistance is. Your lawyer and their team will:
- Investigate the fatal accident right away: The investigation can't wait, as evidence can disappear. Your attorney will quickly compile all witness testimonies, video detailing the crash, experts' reconstructions, and other evidence supporting your wrongful death case.
- Shield you from insurance companies' badgering and bad faith: Insurance adjusters often contact grieving families within hours of a fatal accident, showing little regard for their heartbreak and grief. Adjusters sometimes even attempt to secure settlements before families understand their rights. Your attorney will handle all communications from insurers so you can recover.
- Forming a dynamic legal strategy for you: Building a strong wrongful death case requires a comprehensive legal strategy that may evolve with time. From identifying liable parties to evaluating your options for securing compensation, your lawyer will present you with a plan that is fit solely for you.
- Fighting for all the compensation you and your loved ones deserve: Your lawyer will pursue maximum compensation from all responsible parties. That is what justice is in a wrongful death case. Whether by settlement or trial verdict, your lawyer will fight for justice on your behalf.
- Providing the emotional and practical support survivors deserve: Beyond legal representation, attorneys provide crucial support during a devastating time. Your attorney may coordinate with other professionals, including financial advisors and therapists. They may offer guidance on practical matters, such as dealing with creditors and estate issues. And, no doubt, they will be there to answer your questions and address your concerns.
Much of your lawyer's job will be practical, clear-cut, and legal in nature. Their duty will also be empathetic, compassionate, and meant solely to help you heal.
Survivors Often Have Questions, Here Are a Few of the Most Common
You are the only one who knows exactly who your loved one was, and what their loss has meant to your life. That being said, there have been many other survivors affected by fatal motorcycle accidents, and they ask many of the same questions:
Can I file a wrongful death claim if my loved one was partially at fault for the accident?
Most states allow wrongful death claims even when the deceased bears some responsibility. A lawyer can conduct a personalized evaluation of your case, and their evaluation will cover factors like this one.
How long do wrongful death lawsuits typically take to resolve?
Most survivors want to resolve their case as efficiently as possible, and your attorney will have the same goal.
The timeline for wrongful death cases varies significantly based on factors including the complexity of liability issues, the number of parties involved, and whether the case settles or goes to trial. By hiring a lawyer, you assure yourself you will not suffer any unnecessary delays.
What happens if the at-fault party doesn't have enough insurance to cover our damages?
When liable parties lack adequate insurance coverage, several options may still be available. Your loved one's own insurance policy may include uninsured or underinsured motorist coverage that can provide additional compensation.
Often, though, survivors file wrongful death lawsuits. Even high-value insurance policies may fall well short of the cost of a wrongful death. Your attorney will be ready to take legal action on your behalf.
Can children file their own wrongful death claims, or must a surviving parent file on their behalf?
The rules governing who can file wrongful death claims vary by state, but generally, minor children cannot file lawsuits on their own behalf. Instead, a surviving parent, legal guardian, or court-appointed representative typically files on behalf of minor children.
Time Is Not Your Ally After a Fatal Crash, Don't Wait to Hire Your Wrongful Death Attorney.
While an attorney understands your need to grieve and get your bearings after the loss, they make your case a priority because of:
- Time-sensitive evidence that can disappear quickly if not promptly preserved
- The statute of limitations that every state imposes for those filing wrongful death lawsuits
- Insurance company and civil defense attorney tactics that place survivors at risk, as most do not consider that these parties would be so callous as to take advantage of those mourning a loss
Engaging a personal injury lawyer in Stevens Point early allows families to focus on healing while ensuring their rights are protected. Do not wait, as most injury attorneys offer free consultations, enabling you to get to know respective firms without making any financial commitments.