Maison Law protects family members who have lost a loved one in a motorcycle accident.
If you’ve suffered the unfortunate loss of a loved one due to a fatal motorcycle accident in Bakersfield, the attorneys at Maison Law can help your family take the proper legal recourse for wrongful death compensation.
Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Fatal Motorcycle Accident in Bakersfield?
California has the highest rates of motorcycle accidents based on statistics from the California Office of Traffic Safety. These accidents happen in the blink of an eye due to a car or truck changing lanes without looking or driving recklessly around motorcycles. But the unfortunate truth behind these statistics is that hundreds of families have lost loved ones due to another person’s careless actions. Although no amount of money can replace a loss as significant as a family member, a wrongful death attorney can seek damages from the liable party to compensate you for your untimely loss.
Some of the damages that may be recovered include:
- Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
- Funeral and burial expenses
- Lost income, which includes income from the time of the accident and future lost income
- Loss of household services your loved one used to provide
- Pain and suffering the decedent was exposed to before their untimely death
- Medical bills the decedent may have accumulated
- Loss of consortium
Do I Have a Wrongful Death Claim for a Fatal Motorcycle Accident in Bakersfield?
Let’s say a motorcyclist is driving down Route 99 and a semi-truck loses control in front if them, causing the truck’s trailer to block every lane. The motorcyclist is unable to stop and is thrown from the bike, causing them to lose their life in the hospital weeks later. To prove a wrongful death claim in this fatal motorcycle accident, the plaintiff must prove:
- The truck driver owed your loved one a “duty of care” and breached that duty of care by failing to act in a reasonable way.
- The truck driver’s careless action, or lack of action, was the direct cause of the motorcyclist’s death.
In this scenario, perhaps the truck losing control was caused by the roadways being hazardous. Under California’s Premise Liability Law, the government may be liable for the wrongful death of the motorcyclist. They failed to exercise reasonable care if they:
- Failed to maintain and inspect property
- Repair any potentially dangerous conditions
- Give proper warning of dangerous conditions
Can I File a Wrongful Death Lawsuit Against the Government for a Fatal Motorcycle Accident in Bakersfield?
Before you can sue a public entity for a wrongful death, you must file a claim that meets the California Tort Claims Act (Government Code 810-996.6). There are very few exceptions to not filing the claim first, and it must be filed within 6 months from the date the death occurred. After the claim is filed, the government body has 45 days to respond. If they do not respond within the allotted time, then they have denied your claim, and you will most likely need an attorney to proceed.
Once your tort claim is approved, you can then file a wrongful death claim against the city, county, or state government agency. You will then need to prove the following:
- The property contained hazardous conditions at the time of the accident
- The dangerous conditions created a foreseeable risk that could have been prevented
- The city, county, or state controlled the hazardous area
- The government body was notified of the hazardous condition and failed to act
- The hazardous condition was a main factor in the cause of death
Wrongful death claims against the government can be overwhelming and extremely difficult. It’s easy to want to give up and not want to bother with the legal process after the loss of a loved one. That’s why it is important to have an expert wrongful death attorney on your side to manage every legal aspect of your wrongful death claim.
What is the Typical Compensation for a Fatal Motorcycle Accident in Bakersfield?
It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal motorcycle accident. However, the severity of your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety) will give you an idea of what you can expect from a wrongful death settlement. These damages combined include:
- The financial support received from the decedent
- Loss of income the decedent would have continued to earn
- Funeral and burial expenses
- Loss of benefits the family would have received from the decedent
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
No amount of money will be enough to make up for the loss of a loved one, but you shouldn’t have to continue to suffer financial burdens because of it. Our wrongful death attorneys at Maison Law are standing by to give you and your family the support they need to get through this difficult time. When you’re ready, contact us at Maison Law to see what legal options are available to you.
How Can My Family Collect Evidence After a Fatal Motorcycle Accident?
Evidence is especially important in a motorcycle accident case. A police collisions report may clearly point out that your loved one wasn’t to blame for a crash. However, insurance companies like to blame motorcyclists for nearly every accident. This helps them avoid financial responsibility. They can cast doubt on a police officer’s report and find other ways to shift the blame for what happened.
Family members might need accident reports and the results of an autopsy to back their claim against a giant car insurance company. An attorney working for the family would secure this information. However, when families need to gather this information on their own, they can start with these helpful links:
- Visit our page on how to get an Motorcycle Accident Report from Bakersfield Police
- Visit our page on how to get an Motorcycle Accident Report from the California Highway Patrol
- Instructions for obtaining a coroner report from the Kern County Coroner
- Requesting a death certificate in Kern County
Wellness Support for Family Members Who Have Lost a Loved One in a Motorcycle Accident
Families can be left with little time to focus on mental recovery after a terrible motorcycle collision. They may have to focus on seeking justice for a loved one. They may also have to make sure family members will be able to stay afloat financially after such a sudden loss.
Spouses, children, and parents can struggle to cope with their grief and the daily reminders of their loss, long after a motorcycle claim has been resolved.
Family members can find help through the grieving process by talking with mental health professionals and by joining a group of people who have also lost someone in an accident. These are just a few of the options available for those in mourning:
- Hoffmann Hospice Programs
- GriefShare groups meet at several local churches each month
Some of the churches that host these important gatherings include Valley Baptist Church, Christ’s Church of the Valley, and First United Methodist Church.
Frequently Asked Questions
Yes. Your family can earn wrongful death support even if the victim was not wearing a helmet at the time of the crash. If careless drivers contribute to deadly accidents, drivers are still responsible for supporting victims afterward. The lack of a motorcycle helmet doesn’t change the liability of the driver. The driver can be found partially at fault or fully at fault for the accident and still own the family left behind support.
Two years. Families who have lost a loved one in a motorcycle accident should act quickly to hold at-fault drivers responsible. Waiting months to begin building a claim can mean evidence is harder to find and witnesses are harder to locate.
Your family doesn’t need any money to secure powerful legal protection. Maison Law doesn’t get paid unless we win your case for your family. Then our fee comes out of the settlement money that the car insurance company must pay your family members.
Contact a Fatal Motorcycle Accident Lawyer in Bakersfield
If you’ve lost a loved one due to the careless driving of another, the motorcycle accident attorneys at Maison Law do not back down from complex wrongful death cases. We advocate aggressively on the side of Bakersfield families seeking compensation for the untimely loss of a loved one.
There is no amount of money that can make up for your loss, but we’d like to help you get through this difficult time.
Contact Maison Law today for a free consultation and case evaluation.
