Maison Law represents anyone that’s been hurt in a bicycle accident in Madera. Riding a bike in Madera is a great way to take in the scenery and enjoy the Central Valley’s open roads. But like anywhere else, accidents can happen–especially in areas with busy traffic or limited bike infrastructure. And unfortunately, the worst of these accidents can result in fatal injuries. Our team can help you and your family through this difficult time. Contact us today for a free consultation.
Should You Get a Lawyer?
Losing a loved one in a bicycle accident is devastating, and dealing with the legal side of things can feel overwhelming. But even with this incredible difficulty, you’re still not required to get a lawyer. That said, when there’s a fatal bicycle accident, having one can take a huge burden off your shoulders during such a difficult time. Our team at Maison Law can help you and your family by:
- Explaining your rights and what legal steps you can take
- Investigating the accident to find out what really happened
- Collecting important evidence and official reports
- Speaking with witnesses
- Dealing with insurance companies so you don’t have to
- Taking the case to court if necessary
Fatal bike accidents impact families in every way–emotionally, physically and financially. Our team is here to help you get the financial support you need to move forward.
What Steps Need to Be Taken After a Fatal Bicycle Accident?
No matter where it happens in Madera, a fatal bicycle accident is by far the worst outcome you and your family can face. While nothing can undo the loss, taking the right steps can help protect your family’s rights and build a strong wrongful death claim. Here are a few of the most important:
- Call 911 – After the accident, call for emergency help right away. Police and medical responders will create official reports that are crucial for any legal claim. If the accident happened on private property, notify the owner or manager. If a defective bike part played a role, save any receipts or product details.
- Get evidence and information – Collect as much information as possible—witness statements, medical records, accident reports, and any available video footage. The more details you have, the stronger your case will be.
- Keep track of expenses – Keep a record of all costs related to the accident, including medical bills, funeral expenses, and other financial losses. This helps show how the accident has affected your family.
- Be careful with statements – Stick to the facts when talking to police or insurance companies. Don’t speculate or admit fault–anything you say could be used against your claim.
Taking these steps can help your family when you have to file a claim. But remember, fatal bike accidents are tragic and complex, and you might not even be there when the accident happens. This makes it difficult, but the steps still need to be taken because there’s a claims process in place.
What’s the Claims Process Like After a Fatal Bicycle Accident?
It’s hard to think about, but there’s a claims process in place when there’s a fatal bicycle accident. But as you might expect, there’s a few key differences between a fatal accident and a regular accident.
First and foremost, a fatal accident means that a “wrongful death” claim will need to be filed–and only certain family members can file a this claim when there’s a fatal bicycle accident including:
- Spouses
- Children
- Parents
- Someone named in a will (if there is one in place.)
At that point, though, the actual way the claim is filed looks pretty familiar: it’s either done through an insurance claim out of court or a lawsuit. With the claim filed, though, it brings up another difference: the damages that are available. Unlike a regular injury claim, the damages that you or your family can recover in a wrongful death claim after a fatal bicycle accident is built around those specific losses, like:
- Funeral costs – This includes burial, cremation, and service expenses.
- Loss of financial support – This covers income your loved one would have provided.
- Loss of companionship – This covers costs associated with the emotional loss of a spouse, parent, or child.
- Emotional distress – This covers costs relating to the pain, grief, and mental suffering caused by the loss.
Keep in mind, wrongful death claims still have to be filed within two years of the accident. Taking legal action can’t undo what happened, but it can help ease the financial burden and bring some peace of mind.
Who Pays For Damages After a Fatal Bicycle Accident?
Like any accident, figuring out who has to pay for damages in a fatal bicycle accident is incredibly important. Legally, this means proving negligence–that someone failed to act safely and caused the accident.
Obviously, this covers many different potential parties in a bicycle accident. Usually, this “liability” falls on:
- Drivers – If a driver caused the crash by speeding, not yielding, or driving distracted, they may be liable.
- A bike or part maker – If a defective brake, tire, or other bike part led to the accident, the company that made it could be held responsible.
- Local government or agencies – If poor road conditions, missing signage, or broken traffic signals in Madera contributed to the accident, the city or responsible agency may be at fault.
Basically, it all depends on what happened specifically with you or your loved one’s accident. With that in mind, it’s helpful to look at why accidents happen in the first place:
- Reckless driving – Drivers who speed, make sudden lane changes, or don’t give riders enough space can easily cause deadly crashes.
- Driving under the influence – When drivers are drunk or on drugs, their slower reaction times and poor judgment can lead to fatal accidents with bike riders.
- Bad road conditions – Potholes, loose gravel, or poorly maintained streets in Madera can cause a rider to lose control, especially at higher speeds.
- Faulty bike parts – If a bike has bad brakes or worn-out tires, it can fail at the worst time–like in traffic or going downhill–leading to serious or fatal accidents.
Every case is different, but identifying who is at fault is key to holding them accountable. Once fault is proven, that party (or their insurance company) is typically responsible for covering the damages through a wrongful death claim. Legal help can make sure your family’s rights are protected and that you get the support you need during this difficult time.
Experienced Madera Bicycle Accident Lawyers
Losing someone in a fatal bicycle accident is one of the hardest things a family can face. At Maison Law, we help families in Madera get through this painful time with guidance, support, and experienced legal help. You don’t have to face it alone–contact us today for a free consultation.
