Maison Law represents families who lose loved ones in heartbreaking Modesto motorcycle accidents. When reckless drivers cause fatal collisions, close relatives of the victims can seek assistance as they pay funeral expenses and face a future without a loved one’s support. Our wrongful death lawyers offer a free, confidential case consultation to all family members. Schedule a case review to find out how much your family should receive from a car insurance company.
Should I Call a Lawyer After Losing Someone in a Fatal Motorcycle Accident?
If a loved one is killed in a car accident caused by someone else’s mistake, families have the legal right to demand financial restitution. Families can seek justice and support from car insurance companies, but that doesn’t mean they are guaranteed to get the assistance they need. Insurance adjusters are trained to try to limit what families receive and they can even attempt to blame an innocent motorcyclist for an accident to escape accountability.
A Modesto Motorcycle Accident Lawyer safeguards the family’s rights and fights back against these unfair tactics. A skilled lawyer makes sure families are awarded all benefits available. A Maison Law lawyer files a wrongful death claim and protects the family’s interests. Our representative also handles the frustrating negotiations with insurance companies with as little disruption to a grieving family as possible.
Modesto Deadly Motorcycle Accident Dangers
Modesto motorcyclists may be on the way up to the mountains on Highway 132 when a driver’s mistake puts them in a life-threatening accident. Riders may be on a busy route like Briggsmore Avenue when a careless driver makes a left turn in front of them, leaving no room to avoid a devastating impact.
These are just a few of the common hazards that defenseless motorcyclists face as they travel around Stanislaus County. Motorcyclists ride without the protection of seat belts, airbags, and a metal frame like those in cars and SUVs enjoy. Any collision with a vehicle puts a rider’s life at risk. Any subsequent impact on the pavement presents another fatal hazard.
The dangers are present at any hour of the day for those on motorcycles. California’s Transportation Injury Mapping System (TIMS) reveals that Modesto recorded at least 80 motorcycle accidents involving injuries in 2023. Two tragic deaths were reported over the year. There were 72 serious motorcycle accidents in 2022 across the city, resulting in at least two deaths.
After these heartbreaking accidents, families are empowered to seek help with the bills and the emotional stress a heartbreaking death will bring. But insurance companies for at-fault drivers are experts at finding reasons to leave loved ones to face the consequences alone. A Modesto wrongful death lawyer will be an important protection for families. A Maison Law lawyer can build a powerful case based on evidence to make sure insurers can’t abandon families during such a difficult period.
Who Can File a Wrongful Death Motorcycle Accident Claim in California?
The families of motorcycle accident victims may need to file claims against a driver, the driver’s insurer, and perhaps the driver’s employer. A reckless commercial driver on the road for a local farm, a delivery company, or a trucking company would represent the business.
Families may wonder who can seek justice on behalf of close relatives. In California, the most immediate family is given the right to file a wrongful death claim.
- The spouse or domestic partner of the victim
- The children and adopted children of the victim
- In some cases, the step-children of the victim
Other family members like the parents and siblings of the victim could join in a wrongful death claim if they were financially dependent on the deceased.
A Maison Law attorney can file a wrongful death lawsuit on behalf of the entire family or represent individual members of the family in seeking justice.
How Maison Law Helps Fatal Motorcycle Accident Victims in Modesto
Losing a loved one in a car accident is especially hard when the accident was caused by another driver’s careless actions. If the driver had acted in a responsible, safe manner, the accident never would have happened. This is something that will need to be proven to an insurance company or in court in order to make sure your family receives fair compensation. The process can seem overwhelming, but our firm will help you prove your damages by:
- Gathering evidence that a person, business, or government entity was liable for your loved ones injuries and wrongful death
- Recreating the accident using accident reconstruction professionals
- Getting medical specialists to testify on behalf of the decedent’s suffering, as well as your family’s trauma
- Proving that the accident was in no way the decedent’s fault, nor could they have done anything to prevent it
- Filing a claim in court if a fair settlement cannot be agreed upon, and presenting your case in front of a jury
A wrongful death settlement or verdict after a fatal car accident typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. The damages we’ll pursue on behalf of your family include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Do I Have a Wrongful Death Claim for a Fatal Motorcycle Accident in Modesto?
Let’s say a motorcyclist is driving down Route 99 and a semi-truck loses control in front if 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
Can I File a Wrongful Death Lawsuit Against the Government for a Fatal Motorcycle Accident in Modesto?
Before you can sue a public entity for a wrongful death, you must file a claim that meets the California Tort Claims Act (Government Code 810-996.6). There are very few exceptions to not filing the claim first, and it must be filed within 6 months from the date the death occurred. After the claim is filed, the government body has 45 days to respond. If they do not respond within the allotted time, then they have denied your claim, and you will most likely need an attorney to proceed. Once your tort claim is approved, you can then file a wrongful death claim against the city, county, or state government agency. You will then need to prove the following:
- The property contained hazardous conditions at the time of the accident
- The dangerous conditions created a foreseeable risk that could have been prevented
- The city, county, or state controlled the hazardous area
- The government body was notified of the hazardous condition and failed to act
- The hazardous condition was a main factor in the cause of death
Wrongful death claims against the government can be overwhelming and extremely difficult. It’s easy to want to give up and not want to bother with the legal process after the loss of a loved one. That’s why it is important to have an expert wrongful death attorney on your side to manage every legal aspect of your wrongful death claim.
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. Once a wrongful death lawsuit is filed, the plaintiff must prove that 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
Typical liable parties for fatal motorcycle accidents include:
- Individual drivers
- Truck drivers
- Companies
- Government entities
What is the Typical Compensation for a Fatal Motorcycle Accident in Modesto?
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.
Can a Family Earn Support After a Loved One Is Killed in a Hit-And-Run Motorcycle Accident?
In some cases, yes. If a hit-and-run driver is never identified and caught, a family can see support from the rider’s motorcycle insurance policy.
Support would come from the victim’s uninsured motorist coverage. This coverage is not mandatory, but it is usually included with motorcycle accident coverage unless it’s declined in writing.
Frequently Asked Questions
How long can my family wait to file a wrongful death claim?
Two years. Close relatives should act as soon as they can. Waiting months to begin building a case can make evidence harder to find and witnesses are harder to locate.
What kinds of things can my family earn support for in a wrongful death claim?
Families should seek reimbursement for funeral costs and get help paying any remaining medical bills. They must also seek support for the future when they are without the love and guidance a loved one would have provided. The family will also be without the income the deceased would have continued to provide and must receive support for the years ahead.
What if my family can’t afford to pay a wrongful death lawyer?
Your family doesn’t need any money to hire Maison Law and secure powerful legal protection. Our motorcycle accident lawyers don’t get paid unless they win your case for your family. Then our fee comes out of the settlement money a car insurance company must pay your family members.
Contact a Modesto Fatal Motorcycle Accident Attorney
Families should be allowed the time they need to grieve after a tragic accident, but bills and hardships stemming from a tragedy can make a wrongful death lawsuit necessary. A Modesto motorcycle accident lawyer can handle your case privately with as little disruption to close family members as possible.
Contact Maison Law for a free and confidential case evaluation for any family. Our lawyers offer compassionate care to those in mourning to ensure they don’t suffer the financial consequences of a motorist’s error in judgment.
Maison Law is an advocate for safe rides for all California riders. We also rush to the aid of families after a careless driver’s mistake claims a beloved family member.
