Maison Law represents the families of fatal motorcycle accident victims in Madera.
If you’ve suffered the unfortunate loss of a loved one in a motorcycle accident due to the careless actions of another, the wrongful death attorneys at Maison Law are here to get you the financial support you need during this difficult time.
Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Wrongful Death Lawyer for a Fatal Motorcycle Accident in Madera?
The unfortunate reality of most motorcycle accidents is that motorcyclists have very little protection when they collide with larger vehicles. And their lives are even more at risk when they encounter a careless driver. Serious accidents can take our loved ones too soon, leaving families with unpayable debts, enormous medical bills, and an uncertain future. At Maison Law, we know there is no replacing the loss of a loved one, but we can help make this process easier by making sure you’re compensated for the pain caused by another’s reckless actions.
According to the statute Code of Civil Procedure 377.60, the surviving family members or the estate can sue for damages when a person dies as a result of another person’s wrongful act. Our team of wrongful death attorneys will create a path toward financial stability for you by suing the liable party for damages for:
- Burial and funeral expenses for the decedent
- Lost income the deceased would have continued to earn
- Pain and suffering the decedent was exposed to before their untimely death
- Medical bills the decedent may have accumulated
- Loss of consortium
Who Can Bring a Wrongful Death Lawsuit in a Fatal Motorcycle Accident in Madera?
According to the California Office of Traffic Safety, there were nearly 600 fatal motorcycle accidents in California in 2021. These unfortunate motorcycle accidents can cause serious emotional distress for the families who have lost a loved one, especially when the accident was a result of another’s careless actions. However, qualified family members can recover damages for their untimely loss. They include:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Anyone entitled to the deceased’s property under intestate succession law
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, 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
- The reckless act was foreseeable and could have reasonably been avoided
The most common acts of carelessness, or recklessness, involving 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): Penalties for this illegal action are harsh and can include criminal charges, jail time, license suspension, and other heightened penalties.
What is the Typical Compensation for a Fatal Motorcycle Accident in Madera?
Compensation for a fatal motorcycle accident varies on a case to case basis as no accident is exactly the same. Certain factors can determined the value of your case such as the severity of your damages, the liable parties insurance policy, and the financial impact left the decedent. However, the damages in a fatal motorcycle accident aim to compensate the heirs of the decedent for all their economic and non-economic losses. Economic damages are quantifiable losses, which 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
Non-economic damages cannot be calculated in dollar amounts. These include:
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
How Many Fatal Motorcycle Accidents Happen in Madera County?
On average, Madera County has recorded nearly 5 fatal motorcycle accidents a year over a recent 5-year stretch (2020-2024).
In 2024, Madera County was the scene of 41 motorcycle accidents involving serious injury. Those accidents resulted in at least 3 motorcycle fatalities. Sadly, those were not much of an improvement over 2023 figures.
Over a five-year period (2020-2024), Highway 99 through Madera County has seen at least 28 serious motorcycle collisions, with at least 2 fatalities reported.
What Type of Documents Will I Need After Losing Someone to a Fatal Motorcycle Accident?
After losing someone to an accident, official documents will be key in the days and months that follow. Documents may provide key evidence to hold a careless driver responsible. Some official papers could help you access financial accounts and alert companies and government agencies to someone’s death.
If you will be speaking to a lawyer in a free consultation, some documents will be helpful as the attorney helps you decide if you require legal assistance for your case.
These are just a few of the documents you should be focused on retrieving after a motorcycle tragedy:
- Motorcycle Accident Reports — Families may need to request a copy of an accident report from the Madera Police Department or the CHP.
- Coroner’s Report — A coroner’s report may be helpful in proving how a victim died. This can be important evidence in a wrongful death case.
- Death Certificate — Official documentation can be obtained through the funeral home or through the Madera County Department of Public Health. This document may be necessary for several aspects of settling someone’s affairs after they’ve died.
- A Social Security card and information.
- Paystubs and W-2 Forms – These documents can be critical when seeking support for families. They show the level of support an accident victim may have provided weekly for close family members. This income should be 100% replaced by an at-fault driver’s insurance provider.
The American Association of Retired Persons (AARP) offers checklists and “how-tos” for families to help in the settling of an estate.
Remember that if you have a wrongful death attorney handling your case, your lawyer would be securing many of the documents needed to build a strong claim.
Grief Counseling for the Family Members After a Deadly Motorcycle Accident
After a tragic accident, family members can suffer in silence as they struggle to cope with the loss of a spouse, parent, or sibling. Mental health wellness becomes just as important as any financial support. A successful motorcycle accident wrongful death claim would include as much in funds as necessary to provide the family with access to the mental health professionals they require.
There are resources available nationally and in the Madera area that mourning families can turn to for support and mental health care.
These are just a few of the options available for those in mourning:
- Gears for Heaven – An online resource built especially for family members of fallen motorcyclists. This organization offers all kinds of helpful information and support for those in mourning. There are instructions on how to seek financial and emotional assistance after a tragedy. The organization holds online grief therapy meetings. There are also guides for appropriate ways to honor victims to help bring closure.
- GriefShare groups meet at several churches in nearby Fresno. The meetings include locations like Northwest Church, The Bridge, and Campus Bible Church near Fresno State.
- Adventist Health, the organization that operates Madera Community Hospital, offers a Zoom grief support meeting twice a month.
Contact a Fatal Motorcycle Accident Lawyer in Madera
If you’ve lost a loved one due to the careless driving of another, the wrongful death attorneys at Maison Law can help you lessen your financial burdens and help you rebuild your life one stap at a time.
For the legal support you need and a law firm you can trust, contact Maison Law today for a free consultation and case evaluation.
There is no upfront charge or hidden costs, and we don’t make a cent until we’ve won your case.
