Maison Law helps people that have been injured in motorcycle accidents in Hanford. Motorcycle accidents are almost always serious, but the most tragic ones result in fatalities. This leaves victims’ families in an incredibly difficult situation. Our team of motorcycle accident lawyers is here to guide you through the legal process and support you during this challenging time. Contact us today for a free consultation.
Do I Need a Lawyer for a Fatal Motorcycle Accident in Hanford?
It can be difficult to focus on your financial future after the loss of a loved one, but it is recommended to seek the counsel of a reputable wrongful death attorney before signing any legal document or accepting a settlement. The truth is, insurance companies will be hoping you settle early to avoid having to fully compensate for the entire scope of damages done to your life, or having to go to court to allow a judge and jury to decide how much you are owed.
At Maison Law, we explore every avenue of compensation after the untimely loss of a loved one because there are costs associated with a tragedy like this that often get overlooked, or ignored by insurance companies. These costs 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
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.
Evidence Needed in a Wrongful Death Claim
Solid evidence is the foundation of any wrongful death claim. At Maison Law, we can help you gather proof necessary to prove your loved one’s life was wrongfully cut short and ensure your family is fairly compensated for this untimely loss.
Key pieces of evidence that may be included in a wrongful death claim are:
- Police Reports: police reports can provide an official account of the events that led up to the death and can determine fault, as well as essential evidence.
- Medical bills: medical bills help to document the extent of the medical care received by the deceased, which can be used to establish the financial impact of the wrongful act.
- Autopsy reports: autopsy reports offer vital medical evidence about the cause of death, which is essential in linking the wrongful act with the cause of death.
- Witness statements: witness statements can provide independent accounts of the incident, offering perspectives that may corroborate or dispute the claims made by other parties.
- Photographs or videos of the scene: visual evidence can be critical to reconstructing the event and demonstrating the conditions that led to the wrongful death.
- Expert opinions or testimony: expert testimony can clarify complex issues and provide authoritative opinions on matters such as causation and long-term effects that the family of the decedent will face.
Do I Have a Wrongful Death Claim for a Fatal Motorcycle Accident in Hanford?
Let’s say a motorcyclist is driving down State Route 198 and a semi-truck loses control in front of 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
What is the Typical Compensation for a Fatal Motorcycle Accident?
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 You Strengthen a Fatal Motorcycle Accident Claim?
Fatal motorcycle accidents are incredibly tragic, and while it might seem like the legal process is simple, there’s always a need to prove your damages and build a solid case. Here are steps you and your family can take to strengthen your claim:
- Call 911 right away – Call 911 as soon as possible. EMTs can help with any non-fatal injuries, and the police will secure the scene and document the fatality.
- Collect evidence – If you’re able, or if someone else can help, take photos and videos of the scene, including the motorcycle, vehicles, and any visible damages. Also, gather insurance and contact details from anyone involved.
- Keep track of expenses – Document all your financial losses, including medical bills, funeral costs, and any other expenses that show how the accident impacted your family.
- Preserve physical evidence – Keep from repairing or altering any damaged property, especially the motorcycle. These items could be critical in proving your case.
While these steps can make a significant difference, fatal accidents bring unique challenges. Gathering evidence and navigating legal complexities is hard while dealing with grief. That’s why having experienced legal support can make all the difference. Our team is here to step in and manage these steps for you.
What Kind of Claim Do You File After a Fatal Motorcycle Accident?
Losing a loved one in a motorcycle accident is devastating and tragic, no matter what the circumstances are. At the same time, the legal process acknowledges the unique challenges of these situations through what’s called a “wrongful death” claim.
There’s a couple obvious differences with a wrongful death claim, starting with who can actually file it. Only specific family members can file a wrongful death claim, including:
- Spouses
- Domestic partners
- Children
- Other close relatives or people named in the will (if no spouse or children exist).
Once the claim is filed, though, it moves like a regular injury claim–you figure out who’s responsible and file either an insurance claim out of court or a lawsuit. But it’s here that the other difference shows up: the damages. Wrongful death claims are meant to provide financial relief for the surviving family. These damages usually include things like:
- Funeral and burial costs
- Medical expenses incurred before the death
- Loss of income and future financial support
- Loss of companionship and emotional support
- Pain and suffering experienced by the deceased
- Punitive damages in cases of extreme negligence
In California, wrongful death claims still must be filed within two years from the date of the accident. Missing this deadline can result in losing the chance to recover damages.
Who Pays For Damages After a Fatal Motorcycle Accident?
With a fatal motorcycle accident, the loss of life makes the situation more difficult. But figuring out who is responsible for paying for damages works the same way as in other motorcycle accidents. It comes down to proving negligence, which means showing:
- Someone had a duty to act safely.
- They failed in that duty through reckless or careless actions.
- Their failure caused the accident and fatal injuries.
While this legally establishes who pays for your damages, it’s also heavily dependent on what happens. Most of the time, then, the following are going to be liable for your family’s damages in a fatal motorcycle accident:
- Other drivers involved in the crash.
- Motorcycle owners if the rider wasn’t the owner and the vehicle wasn’t properly maintained.
- Manufacturers if a defect in the motorcycle or a vehicle contributed to the crash.
- Government agencies responsible for maintaining safe road conditions.
Figuring out liability is a huge step in any claim–but especially a fatal motorcycle accident claim. It gives you and your family the path toward the financial support that’s going to be vital to everyone’s ability to move forward.
How Do Fatal Motorcycle Accidents Happen in Hanford?
Motorcycle accidents are dangerous everywhere, whether they happen in Hanford or anywhere else. But what makes fatal motorcycle accidents so troubling isn’t just the loss of life, it’s that they can happen in any motorcycle accident. What’s more, they’re often caused by negligence or reckless behavior. This makes it easy to understand why motorcycle accidents happen, but how they happen could be key to your family’s claim. Here’s how they usually happen:
- Not yielding – Not giving motorcycles the right of way when turning or changing lanes often leads to severe crashes.
- Driving while distracted – Texting, adjusting the radio, or other distractions make drivers miss seeing motorcyclists.
- Speeding – Driving too fast, especially on Hanford’s winding roads, greatly increases the chances of a collision.
- Driving under the influence – Alcohol or drugs impair judgment and create dangerous situations for riders.
Each fatal motorcycle accident is unique, and the circumstances can complicate the legal process. That’s why we’re here–to use our experience and resources to ensure your family gets the justice and compensation it deserves.
Contact Maison Law | Hanford Motorcycle Accident Lawyer
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 Hanford 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.
