Clovis Fatal Bicycle Accident Lawyer

Maison Law represents the families of fatal bicycle accident victims in Clovis. If you’ve suffered the untimely loss of a loved one in a bicycle accident, the Wrongful Death Attorneys at Maison  Law are here to get you the financial support you need to get through this difficult time. Contact us today to get the financial support you need for you and your family.

Maison Law Helps Families in Clovis

Most families in Clovis are unaware of their rights after losing a loved one. Insurance companies take advantage of that fact and will convince families they’re only entitled to far less than their damages are worth. But did you know there are several forms of damages that you are entitled to claim after a fatal bicycle accident in Clovis?

At Maison Law, our firm settles for nothing less than the full extent of your damages after losing a loved one in a fatal bicycle accident. Our skilled team of Wrongful Death Lawyers will offer you expert legal support from the first consultation to settlement negotiations, and all the way to trial if necessary.

A fair settlement from the insurance company includes:

• Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
• Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
• Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
• Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
• Loss of consortium: this covers the loss of love and companionship you and your family have lost

Punitive damages can also be claimed if the decedent’s death was a result of an extremely reckless act or malice. However, punitive damages would need to be filed under a “survival action” claim, which can only be filed by specific members of the deceased’s estate.

How Do Wrongful Death Attorneys Determine Fault in a Fatal Bicycle Accident?

Proving fault is something that is often overlooked by families seeking to file a wrongful death lawsuit for a fatal bicycle accident. However, proof is an important part of recovering compensation. That’s why it is important to consult with a reputable Wrongful Death Attorney who can breakdown your situation and help you understand the obstacles and advantages of your lawsuit.

A fatal bicycle accident may seem straightforward, but assigning liability can be a complex process. This is because the insurance of the liable party will require near indisputable evidence to back up your claim. If there is not substantial evidence, then they may outright deny compensation, or even assign blame to the decedent, leaving you no chance at recovering compensation.

This is why establishing fault is essential to recovering damages. While every scenario is different, the typical evidence in a fatal bicycle accident includes:

• Crash reports, police reports, and witness statements
• Testimony from accident scene investigators and expert witnesses
• Medical evidence, as well as photos
• Video and photos of the accident
• The liable party’s phone records through a subpoena if distracted driving is suspected

Each of these elements can tell a story of how the fatal accident occurred and make it irrefutably clear as to who was responsible for the fatal bicycle accident. In the event the decedent is found partially at fault for the accident, you and your family are still entitled to collect damages, according to California’s Comparative Negligence Law, which states:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

When is a Person Liable for a Wrongful Death in a Fatal Bicycle Accident?

In the state of California, the surviving family can bring a wrongful death action in a fatal bicycle accident if a direct act of carelessness, recklessness, or an intentional wrong act causes their loved one’s death. In a wrongful death lawsuit, you and your family are the plaintiffs, and the liable party you are suing is the defense. The plaintiff must prove the defendant:

1. Had an obligation to act with reasonable care
2. Breached their “duty of care”
3. As a result, the plaintiff suffered the loss of a loved one as a direct result of the careless action
4. The reckless act was foreseeable and could have reasonably been avoided

In the case of a fatal bicycle accident, the careless, or reckless, act could be several things. On the road, the most common causes of fatal bicycle accidents include:

• Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
• Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal bicycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
• Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
• Driving under the influence (DUI): this action is one of the leading causes of fatal bicycle accidents in California.

Who Can Receive Compensation in a Fatal Bicycle Accident in Clovis?

Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive compensation. Fortunately, In California, there are laws and procedures to ensure who can be compensated. According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:

• Surviving spouses
• Domestic partners
• Children
• Grandchildren (only if the deceased person’s children have also passed away
• Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
• Anyone entitled to the deceased’s property under intestate succession law

However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they can be entitled to compensation.

How Much Time Do I Have to File a Wrongful Death Lawsuit in a Clovis Fatal Bicycle Accident?

According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.

Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective breaks on a truck caused a cyclist to crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.

Contact a Cloves Fatal Bicycle Accident Lawyer

Families in Clovis deserve to have a place they can turn to for help when the unthinkable happens. If you’ve lost a loved one due to a careless truck driver, the Wrongful Death Attorneys at Maison Law are ready to give you and your family the care and attention you need to to take legal action against the party responsible for your loss.

Our firm has years of experience in wrongful death cases and knows how to achieve successful outcomes for families in Clovis. Contact Maison Law today for a free consultation and case evaluation.