Corcoran Fatal Motorcycle Accident Lawyer

Maison Law represents the families of fatal motorcycle accident victims in Corcoran. If you’ve suffered the untimely loss of a loved one in a motorcycle accident due to the careless actions of another, Maison Law can help.

The Wrongful Death Attorneys at Maison Law will expertly manage your case and utilize all courses of legal action to get you the compensation you need during this difficult time in your life. Contact Maison Law today for a confidential, no-cost consultation.

When to Contact a Fatal Motorcycle Accident Lawyer in Corcoran

If you’ve suffered the sudden loss of a loved one due to a fatal motorcycle accident, it is recommended to seek counsel through a reputable Fatal Motorcycle Accident Lawyer as soon as possible.

At Maison Law, we will not hesitate to file a lawsuit against all parties responsible for your loved one’s death in Corcoran. A lawsuit can help your family, by recovering compensation for funeral costs, loss of financial support, loss of consortium, and other emotional damages associated with the loss of a loved one. Our experienced lawyers can also help you in the following scenarios:

• Your loved one was killed by someone else: the details of your loved one’s accident will determine whether your loved one’s wrongful death is a civil or criminal action. A civil action would be considered an accident such as a car crash or work-related accident. A deliberate act such as murder would involve criminal charges being brought against the liable party.
• You are the surviving spouse or family member of the decedent: In California, wrongful death claims are typically filed by a representative of the estate. A wrongful death attorney can file the claim on behalf of the survivors of the deceased.
• The insurance company is neglecting you: It is not uncommon for insurance companies to attempt to lessen your damages. A wrongful death attorney can help you prove the defendant was careless and maximize your compensation. An experienced attorney will be able to show the defendant owed the decedent a “duty of care.” And this duty of care was breached by a direct act from the defendant, which caused your loved one’s death.
• You need financial help: A wrongful death attorney will advocate on your behalf to get you the maximum amount of compensation you are owed. There are numerous losses families suffer due to the untimely loss of a loved one, and there are legal processes to recover all the damages you’ve been forced to suffer.

Available Damages for a Fatal Motorcycle Accident Lawsuit in Corcoran

The damages you can claim from a fatal motorcycle accident in Corcoran will be dependent on the details of the wrongful death. However, most wrongful death cases include 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
• 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.

Proving Wrongful Death in a Corcoran Fatal Motorcycle Accident

When dealing with a wrongful death, it is not always easy to prove fault, but it is an essential part of receiving damages after an untimely loss. In some instances, there are multiple parties involved, which further complicates who you can sue for damages. In these situations, California uses the legal term “Comparative Negligence” to divide blame amongst multiple “at-fault” parties as stated in 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 motorcycle 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.

How Much Time Do I Have to File a Wrongful Death Lawsuit for a Corcoran Fatal Motorcycle?

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 collided with a motorcyclist. They suffer 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.

Who Can File a Wrongful Death Claim

According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:

• The deceased person’s spouse or domestic partner
• Children of the deceased, including stepchildren
• Parents of the deceased
• Dependent minors living in the deceased person’s household
• The deceased’s personal representative
• People who would be entitled to the property of the decedent if they did not create a will

When a financial settlement is rewarded a larger portion is typically distributed to the surviving spouse and children, however, disputes can arise. A Wrongful Death Lawyer can help manage your claim and find acceptable ways for damages to be distributed before a settlement is even reached.

How are Wrongful Death Lawsuits Filed By Multiple Family Members?

In California, all potential claimants must be included in one lawsuit. This is covered under California’s “one action rule.” Once a claim concludes with a settlement or judgment that results in a financial reward, the distribution of the amount can be agreed upon by all the recipients. If an agreement cannot be reached, then a hearing will be held to decide the amount to be allocated to each person.

Most Common Causes of Fatal Motorcycle Accidents in Corcoran

According to the Federal Highway Administration, fatal motorcycle accidents have gone significantly up since 1997, while fatal car accidents have gone down. The reason the accident data is trending in this direction is while cars become safer, motorcycles have remained just as dangerous, if not more so due to modern technology allowing them to go faster than ever before. Even in Corcoran’s Central Valley, according to the Transportation Injury Mapping System, speeding is the result of over 31% of all motorcycle accidents in the county.

The most common reasons 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.

Contact a Fatal Motorcycle Accident Lawyer in Corcoran

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 no-cost, no-obligation consultation. We operate on a contingency fee basis, meaning you will not pay a cent unless your case is won.