Maison Law represents the families of fatal motorcycle accident victims in Clovis. If you’ve suffered the untimely loss of a loved one in a fatal motorcycle accident due to the recklessness of another, the wrongful death attorneys at Maison Law are here to provide you and your family with the legal expertise needed to reach a successful settlement. Contact us today to get the financial support you need for you and your family.
Do I Need a Lawyer for a Fatal Car Accident in Clovis?
If your loved one unexpectedly lost their life in an accident, and you relied upon them for financial support, it is advised you seek the counsel of a reputable attorney. An unfortunate reality of wrongful death accidents is that most insurance companies want to pay as little as possible to the victim’s family. They will cover immediate damages caused by the fatal accident such as medical bills and funeral costs, however, they do not consider your financial future after the loss of a loved one.
At Maison Law, the first thing we’ll do is file a lawsuit against the insurance. This lets them know that you’ve partnered with an attorney and are prepared to exercise your legal right to fair compensation.
When is a Person Liable for a Wrongful Death in a Fatal Motorcycle Accident?
In the state of California, the surviving family can bring a wrongful death action in a fatal motorcycle accident if a direct act of carelessness, recklessness, or an intentional wrong act caused 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:
- Had an obligation to act with reasonable care
- Breached their “duty of care”
- As a result, the plaintiff suffered the loss of a loved one as a direct result of the careless action
- The reckless act was foreseeable and could have reasonably been avoided
In the case of a fatal motorcycle accident, the careless, or reckless, act could be several things. On the road, the most common causes for fatal motorcycle 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 motorcycle 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 motorcycle accidents in California.
- Lane-splitting: occurs when motorcyclists ride between lanes of traffic, which can lead to accidents if drivers are not aware of the motorcyclist.
An experienced wrongful death attorney will be able to support each of these elements with evidence gathered during the discovery phase of the lawsuit, which includes:
- Interrogatories: written questions both parties must answer under oath
- Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
- Request for production of documents: all documents to back up each party’s claims must be presented to both sides
- Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims
What Happens in an Accident if the Other Driver is Uninsured?
If an uninsured driver causes a fatal car accident, it is recommended to see if the insurance policy on the decedent’s vehicle covers uninsured motorists (UM). If it does, then the insurance policy will cover some, if not all of your damages.
Even if the driver is uninsured, you can file a personal lawsuit against them to recover damages. To do that, you will need an attorney to file the lawsuit and prove the uninsured driver was at fault for the accident, as well as the wrongful death. Assuming the driver cannot afford car insurance, they’ll most likely be unable to compensate you for your damages. If that’s the case, there are other avenues you can take to be fully compensated, however, it is advisable to contact an experienced wrongful death attorney to understand your legal options.
What is the Typical Compensation for a Fatal Motorcycle Accident in Clovis?
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:
- 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
The severity of your damages will need to be proven to the insurance, or a jury in court, with irrefutable evidence. That’s why it is important to have a team of trusted wrongful death attorneys on your side whenever you are seeking full compensation for your damages.
Contact a Fatal Motorcycle Accident Lawyer in Clovis
If you’ve lost a loved one due to the careless driving of another, the motorcycle accident attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. We have years of experience in wrongful death cases and liability law to get clients the compensation they need to get their finances back together after the loss of a loved one. Contact Maison Law today for a free consultation and case evaluation.
