Maison Law represents families in Merced who have lost a loved one due to a fatal bicycle accident. Our Wrongful Death Attorneys are standing by to provide you and your family with the legal advice and guidance you need to navigate this difficult time in your life.
Our firm understands how challenging this process can be, which is why we utilize every avenue available to relieve the stress of your situation and reach a successful outcome as quickly as possible. Don’t wait until it’s too late to take legal action on behalf of your loved one. Contact us today for a confidential, no-cost consultation.
Do I Need a Lawyer for a Fatal Bicycle Accident?
From the scenic Yosemite Bike Trails to the vintage rides along Merced’s downtown street, bicyclists have plenty of places to ride in Merced. Unfortunately, drivers are not always paying attention to bicyclists, which happens to be the leading cause of fatal bicycle accidents in California, according to Distracted Driver Accidents. These unfortunate facts make Merced a high-risk area for fatal bicycle accidents.
If you find yourself in the unfortunate situation of losing a loved one in a fatal bicycle accident, it is important to know that going into a wrongful death lawsuit without legal representation can be complicated. After an accident, insurance companies will most likely attempt to assign some percentage of blame onto the decedent, making your fight for fair compensation even more difficult. For those reasons, it is advised to seek the counsel of an experienced Wrongful Death Attorney at Maison Law.
An attorney will take legal action against the party responsible for causing the fatal accident to secure compensation for:
- 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
What Evidence is Needed to Prove a Wrongful Death in a Fatal Bicycle Accident in Merced?
When dealing with a fatal bicycle accident, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within 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:
- Had an obligation to act with reasonable care: 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 and cyclists on the road.
- 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 bicycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the defendant failed to do their and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.
To show that an at-fault driver was careless, the attorneys at Maison Law will gather evidence on your family’s behalf. The typical evidence in a fatal bicycle accident includes:
- Crash reports, police reports, and witness statements
- Testimony from accident scene investigators and expert witnesses
- Medical evidence, as well as photos
- Video and photos of the accident
- The liable party’s phone records through a subpoena if distracted driving is suspected
What is the Typical Compensation for a Fatal Bicycle Accident in Merced?
Unfortunately, there is no average compensation for a wrongful death claim as the details of every case are different. The amount of compensation you can expect to receive will be dependent on the severity of your economic and non-economic damages. These damages 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
Other factors that can impact the amount of compensation you can receive will be dependent on specific details about the decedent and the incident itself. These details include:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.
Contact a Fatal Bicycle Accident Lawyer in Merced
If you’ve lost a loved one due to the careless driving of another in Merced, the Wrongful Death 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 free consultation and case evaluation.
