Corcoran Fatal Bicycle Accident Lawyer

Maison Law is here for the families of fatal truck accident victims in Corcoran. There is no replacing the loss of a loved one. However, you have the option to take legal action against those responsible to get the financial support you need for you and your family. Contact Maison Law today to see what legal options are available to you.

How Maison Law Can Help

California’s Central Valley is one of the best places to ride a bicycle for recreation and exercise. With all the roads and trails cutting through Corcoran, biking is not only a good source of physical activity, but it’s also a standard mode of transportation in the city.

Unfortunately, with the heightened accessibility of bicycle riding in Corcoran, the risk of fatal accidents has also increased for bicyclists. We’re certain you’ve seen fatal bicycle accidents in the news as they frequently occur in Corcoran’s Central Valley area. But what you don’t see is the aftermath of families who are left to rebuild their lives after the sudden loss of a loved one.

That’s where Maison Law comes in. Our firm takes on fatal bicycle accident cases in Corcoran to provide families with financial stability and closure after the wrongful death of a loved one. This process can seem overwhelming considering how life-altering a fatal bicycle accident can be, but the Wrongful Death Attorneys at Maison Law are here to help manage your claim and ensure you receive compensation for the following damages:

• 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
• Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
• 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

Proving Wrongful Death in a Corcoran Fatal Bicycle Accident

When dealing with a wrongful death scenario, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law.

Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal bicycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

Additional Damages in Fatal Bicycle Accidents

Under California Civil Procedures 377.30, a wrongful death lawsuit is typically coupled with a California “survival” cause of action. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.

It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. For punitive damages to be rewarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a bicycle accident would be drunk driving or road rage.

Are Damages Different Between Wrongful Death & Survival Action?

While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. Executors ensure all assets in the will are accounted for and transfer these assist to the correct beneficiary.

The types of damages that can be claimed in a wrongful death claim include:

• Loss of household services once provided by the deceased
• Loss of consortium damages for a spouse or domestic partner
• Loss of guidance, care, nurturing, and affection provided by the deceased
• Loss of financial support provided by the deceased
• Loss of inheritance caused by the wrongful death

A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:

• Medical expenses
• Pain and suffering the decedent suffered
• Lost wages between the period they were injured and the time of their death

How Does Comparative Fault Work in a Corcoran Fatal Bicycle Accident?

California law covers liability through comparative fault, also known as comparative negligence. California is a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the 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.”

For example, a vehicle fails to stop in time and fatally injures a bicyclist crossing the street. The street camera reveals that there was a clear signal, indicating to not cross the road at the time the bicyclist crossed the street.

In this scenario, the deceased bicyclist could be found partially at fault for crossing the street when they were not permitted to. However, the driver could also be found at fault for not driving with caution at an intersection or not being aware of a bicyclist in the intersection. The ultimate decision will be left up to a judge and jury.

These liability reasons are why it is important to have an experienced Wrongful Death Lawyer from Maison Law on your side. Our attorneys are experts at minimizing liability and can potentially eliminate fault entirely, so your family’s settlement will not be reduced due to comparative negligence.

What is the Typical Compensation for a Fatal Bicycle Accident in Corcoran?

A wrongful death settlement from a fatal bicycle accident is the most effective recourse to pursuing justice for the surviving family members of the decedent. Your attorney will take legal action to hold individuals, businesses, or other accountable entities for tragically taking away your loved one. Once all the at-fault parties have been brought into the lawsuit, the value of your settlement ultimately depends on:

• The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
• Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
• Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.

Contact a Fatal Bicycle Accident Lawyer in Corcoran

If you’ve lost a loved one in a fatal bicycle accident in Corcoran, the Wrongful Death Attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. Our firm has 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.

If your loved one’s death was the result of a careless act, then we will hold them responsible. Contact Maison Law today for a no-cost, no-obligation consultation. There are no hidden fees for our services and you will not be charged a cent unless your case is won.