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
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.
