Dealing with the loss of a loved one from a motorcycle accident is an incredibly challenging experience. When someone else's negligence causes such a tragedy, it may lead to a wrongful death claim. This demands compensation for the family's loss as a result of the fatal accident.
A wrongful death claim lets family members pursue compensation to cover expenses tied to the death. If you believe your loved one died because of another driver's mistake or a problem with the road, you might have grounds for this claim.
At Richardson Richardson Boudreaux, we know the pain of a deadly motorcycle crash. We fight for loved ones in crashes involving motorcycle fatalities. Learn more about wrongful death claims below. Then, contact us for a free consultation.
Definition of a Wrongful Death Claim in Motorcycle Accidents
Motorcycle drivers and motorcycle riders are vulnerable on the road. Motorcyclist deaths and fatal crashes are too common in Oklahoma.
A wrongful death claim in the context of a motorcycle accident is a legal action taken when a person dies as a result of another party's negligence or wrongful act. The deceased's survivors pursue this claim, typically immediate family members. It's designed to provide financial relief for expenses and losses resulting from the death.
The purpose of a wrongful death claim is not just to seek justice for the untimely death but also to secure financial stability for those left behind. These claims can cover various expenses, such as funeral costs, lost income, and medical bills incurred before death.
Pursuing a wrongful death claim also serves to hold the responsible party accountable for their actions, potentially preventing future incidents.
Who Can File a Wrongful Death Claim in Motorcycle Accident Cases
In motorcycle accident cases, the individuals who can file a wrongful death claim are typically defined by state law. The deceased's spouse, children, or parents are eligible to file. These family members are considered to have suffered the most from the loss, both emotionally and financially.
If the deceased had no immediate family, other relatives like siblings or grandparents might be eligible to file the claim. In these cases, each state has specific rules about who qualifies as a dependent or beneficiary, so it's important to consult with a knowledgeable attorney.
Understanding who can file a wrongful death claim is crucial for properly initiating a wrongful death claim.
Statute of Limitations for Filing a Motorcycle Accident Death Claim in Oklahoma
In Oklahoma, the statute of limitations for submitting a wrongful death claim is two years from the date of the person's death. This means that you must file the lawsuit within two years, or you may forfeit your right to do so.
It's important to start the legal process quickly to preserve all relevant evidence and protect your rights. You can find more information about Oklahoma's statute of limitations here.
Common Causes of Fatal Motorcycle Accidents
- Speeding. Speeding is a common cause of fatal motorcycle crashes. Motorcyclists who speed lose the ability to react in time to avoid a crash, increasing the severity of accidents.
- Impaired driving. Driving under the influence of alcohol or drugs greatly impairs a motorcyclist's ability to operate their vehicle safely. Impaired driving accidents are often more severe and more likely to result in fatalities.
- Left turns by other vehicles. Many motorcycle deaths occur when another vehicle makes a left turn in front of a motorcycle, failing to see the motorcyclist or misjudging their speed.
- Lane splitting. This practice involves a motorcyclist riding between lanes of slow-moving or stopped traffic. While it can save time, lane splitting reduces the space the motorcyclist has to maneuver, increasing the crash risk.
- Road hazards. Potholes, uneven roadways, and other hazards can be dangerous for motorcyclists. A bike's smaller size and less stable nature make it more susceptible to accidents caused by poor road conditions.
Compensation in a Motorcycle Accident Death Claim
When a loved one is lost in a motorcycle accident, the financial and emotional aftermath can be devastating. A wrongful death claim can yield compensation for several types of losses. This includes direct expenses and the emotional impact of the loss. A few examples of compensation we could pursue include:
Funeral and Burial Expenses
Compensation for funeral and burial expenses is a standard part of wrongful death claims. These costs can be significant, and reimbursement can relieve financial pressure on the family during a painful time. Receipts and invoices from these services are typically required to substantiate these claims in court.
Medical Bills for Care Provided Before Death
If your loved one received medical care before they died from their motorcycle injuries, those costs could be recovered. This includes hospital stays, emergency room visits, surgeries, and any other medical treatments related to the injuries sustained in the accident. Documentation from healthcare providers will be necessary to claim these expenses.
Loss of Income and Financial Support
If the deceased was a primary breadwinner, a wrongful death claim could include compensation for lost wages and future earning potential. This considers what the deceased would have likely earned had they lived. Economic experts are sometimes used to calculate this projected income accurately.
Pain and Suffering, Emotional Distress, and Loss of Companionship
Family members can claim compensation for the pain and suffering experienced before death and the family's emotional distress from the loss.
Loss of companionship damages compensate family members for losing the love, comfort, and companionship they would have received if their loved one had lived. These claims recognize the profound emotional impact of losing a family member.
Proving Fault in a Motorcycle Accident Death Case
Proving fault in a wrongful death case involves demonstrating that another party's negligence or wrongful action caused the accident. This typically requires extensive evidence, including eyewitness testimonies, accident scene photos, and expert analysis. An experienced attorney can be crucial in assembling this evidence and presenting a compelling case.
A successful wrongful death claim must establish that the at-fault party had a duty to ensure safety, that they breached that duty, and that their breach directly caused the accident and the resulting death.
Thorough documentation and professional legal representation are vital to achieve a just outcome. We even handle accidents involving touring motorcycles.
Steps in Pursuing a Wrongful Death Claim After a Motorcycle Accident
- Consult an attorney. Immediately speak with a knowledgeable wrongful death attorney to discuss your case.
- Investigation. Your attorney will gather all necessary evidence, including accident reports and witness statements. We want to see if your loved one suffered serious injuries before death through a preliminary investigation. This might include brain injuries.
- Filing the claim. The claim must be filed within the statute of limitations and directed against the correct parties.
- Discovery. Both sides exchange information and evidence related to the case, including depositions and document requests.
- Negotiation. Before going to trial, there may be an opportunity to settle the case out of court.
- Trial. If a settlement is not reached, the case will go to trial, where a jury or judge will determine the outcome.
- Collection. If you win the case, the final step involves collecting the awarded compensation.
Challenges in Motorcycle Accident Death Claims
- Proving negligence. Establishing the other party's fault can be complex, requiring substantial evidence and expert testimony.
- Dealing with insurance companies. Insurance companies often attempt to minimize payouts. Negotiating a fair settlement requires skill and persistence.
- Calculating damages. Quantifying the full extent of damages, especially non-economic ones like pain and suffering demands a thorough understanding of wrongful death law.
- Multiple liable parties. If more than one party contributed to the accident, apportioning fault and liability can complicate the claim.
- High emotional impact. The emotional toll on the family can be particularly challenging when dealing with legal issues. Professional legal support is crucial.
What Does a Fair Wrongful Death Settlement Look Like?
A fair wrongful death settlement fully addresses all the financial and emotional damages suffered by the deceased's family.
It should cover all medical expenses, funeral costs, and lost income potential and adequately compensate for emotional distress and loss of companionship. Every case is unique, so what is "fair" can vary significantly.
A fair settlement reflects the severity of the loss and the impact on the surviving family members. It should also consider any punitive damages if the at-fault party's actions were particularly reckless.
Negotiating a fair settlement requires a detailed understanding of all aspects of the case, backed by strong evidence and effective legal strategy.
How Our Tulsa Motorcycle Accident Lawyer Fights for You
- Thorough investigation. We start by thoroughly investigating the accident to gather all critical evidence, which includes consulting with forensic experts.
- Expert representation. Our experienced lawyers use their knowledge and skills to effectively argue your case in and out of court. We put our clients first every time.
- Maximizing compensation. We strive to ensure that every possible area of compensation is explored and maximized to reflect the true extent of your loss.
- Personalized support. Our team provides compassionate and personalized support throughout the legal process, understanding the emotional difficulties involved.
- Aggressive advocacy. We are prepared to fight aggressively against any attempts by the defense to undervalue your claim, ensuring your rights are protected.
Contact Our Tulsa Motorcycle Accident Lawyer for a Free Consultation
If you've lost a loved one in a motorcycle accident, you don't have to face the legal process alone. Richardson Richardson Boudreaux is prepared to help you.
Our skilled motorcycle accident lawyers are here to help you understand your rights and options for pursuing a wrongful death claim. We are prepared to fight for you, even if it is a single-vehicle motorcycle crash.
Contact us today to schedule a free consultation.