Maison Law represents the families of fatal bicycle accident victims in Glendale. If you’ve suffered the untimely loss of a loved one in a fatal bicycle accident due to the careless driving of another, the Wrongful Death Attorneys at Maison Law are here to help.
Our skilled attorneys will provide you and your family with the legal expertise needed to recover funeral costs, emotional damages, and financial losses sustained due to the unfortunate incident. Contact us today for a confidential, no-cost consultation to understand what legal options are available.
Do I Need a Lawyer for a Fatal Bicycle Accident in Modesto?
Modesto, unfortunately, has a negative reputation for bicycle accidents and ranks in the lower percentile for bicycle safety. With its high accident rates and dangerous roads, the city is not exactly designed to keep bicyclists safe when riding close to traffic. According to the California Office of Traffic Safety, nearly 100 people were severely injured in a bicycle accident in Modesto in 2022. If you’ve suffered the sudden loss of a loved one to a fatal bicycle accident in Modesto, you may be wondering what your next steps should be or who you can reach out to for help.
One of the best things you can do to ease your difficult situation is to consult with a Wrongful Death Lawyer at Maison Law. Our law firm will file a wrongful death lawsuit against the liable parties on your behalf to ensure they’re held accountable for compensating you and your family for your loss. A wrongful death lawsuit typically includes compensation for:
- 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
How to Know if You Have a Wrongful Death Case
After the untimely loss of a loved one, it is common to wonder if you have a wrongful death case. In legal terms, the following acts are common causes of a wrongful death:
- Negligence (careless actions)
- Premises liability
- Vehicular manslaughter
- Murder
If your loved one lost their life due to one of these acts, you may have grounds to sue the individual, company, or government entity that committed this act against the decedent. Both the executor of the deceased person’s estate and the decedent’s remaining family members can file a wrongful death lawsuit. According to the Code of Civil Procedure, section 377.60, the following people can be compensated for a wrongful death:
- A surviving spouse or domestic partner: the law requires they were legally married, or legally partnered before the deceased’s accident occurred.
- Children of the deceased: children and stepchildren are permitted to file a wrongful death claim for the untimely loss of their parent.
- Grandchildren: if the children of the decedent have already passed, then grandchildren can file a wrongful death claim.
- Anyone entitled to the property of the decedent: according to California intestate succession laws, intestate succession means any person who has been allowed by the law to inherit the decedent’s property if the decedent did not have a will. These people typically include the decedent’s parents and siblings.
If you are uncertain about your situation, contact a Wrongful Death Lawyer at Maison Law. The sooner you contact an attorney, the better the chance of winning your case. Our firm understands how traumatic these circumstances can be for families, which is why we’re here to help you reach a fair settlement for your loss and relieve whatever financial strain you’ve been forced to endure.
Proving Fault in a Fatal Bicycle Accident
Proving fault is something that is often overlooked by families seeking to file a wrongful death lawsuit for a fatal bicycle accident. However, proof is an important part of recovering compensation. That’s why it is important to consult with a Wrongful Death Attorney at Maison Law who can break down your situation and help you understand the obstacles and advantages of your lawsuit.
A fatal bicycle accident may seem straightforward, but assigning liability can be a complex process. This is because the insurance of the liable party will require near indisputable evidence to back up your claim. If there is no substantial evidence, then they may outright deny compensation, or even assign blame to the decedent, leaving you no chance at recovering compensation. While every scenario is different, 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
Each of these elements can tell a story of how the fatal accident occurred and make it irrefutably clear as to who was responsible for the fatal bicycle accident. If you need help gathering evidence, please contact us today for a free consultation to go over the details of your case.
Who Can Receive Compensation in a Fatal Bicycle Accident in Modesto?
Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive compensation. Fortunately, In California, there are laws and procedures to ensure who can be compensated. According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:
- 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
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they can be entitled to compensation.
How Much Time Do I Have to File a Wrongful Death Lawsuit for a Fatal Bicycle Accident?
According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective breaks on a truck caused a cyclist to crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.
Contact a Modesto Fatal Bicycle Accident Lawyer
Families in Modesto deserve to have a place they can turn to for help when the unthinkable happens. If you’ve lost a loved one due to a careless truck driver, the Wrongful Death Attorneys at Maison Law are ready to give you and your family the care and attention you need to take legal action against the party responsible for your loss. Our firm has years of experience in wrongful death cases and knows how to achieve successful outcomes for families in Clovis. Contact Maison Law today for a free consultation and case evaluation.
