Our attorneys at Salamati Law know that hearing the unexpected news about a fatal motorcycle accident can be devastating and life-changing for the survivors. Unfortunately, these types of fatalities frequently occur.
How Common are Motorcycle Accidents?
According to the National Highway Traffic Safety Association, 4,985 motorcyclists were killed in 2018. Further, they are approximately 28 times more likely to die in a motor vehicle accident than regular automobile occupants. When that happens, the victim’s loved ones are left searching for answers and trying to pick up the pieces.
What Causes Motorcycle Accidents?
If the accident was caused by the negligent act of another driver, then the victim’s family may have grounds to file a wrongful death lawsuit. Occupants of any motor vehicle can die in an accident. However, motorcyclists have significantly less protection in a collision, leading to the worst result possible. An experienced Los Angeles motorcycle accident attorney knows that there are many common causes of fatal motorcycle crashes, including the following:
- Running a red light
- Failing to come to a complete stop at a stop sign
- Defective parts in either vehicle
- Dangerous left turns
- Driving under the influence of drugs or alcohol
- Distracted driving
- Falling asleep at the wheel
- Unsafe lane changes
- Failure to see the motorcycle until it is too late
- Road hazards
- Hit and run
- Reckless driving
- Debris located on the road
- Rear-end crash
- Sideswipe accidents
Who Can File a Wrongful Death Claim?
Here in California, the survivors who are eligible to file a wrongful death claim following a fatal motorcycle accident in Los Angeles include the following:
- The victim’s spouse or domestic partner
- The biological or adopted child of the deceased
- The parents of a deceased fetus
- The next living heir or descendent, which may include siblings or parents of the victim
- Financial dependents such as stepchildren, parents, or a putative spouse
Here are Some of the Damages You May Seek
At Salamati Law, we know from experience that you and your family could be harmed both emotionally and financially by the death of your loved one for decades to come. The law here in California provides legal recourse for you to recover for these damages. Some of the damages that you may seek in a wrongful death claim are:
- Medical expenses ranging from the ambulance ride to the hospital, hospital stays, any surgeries or procedures that were performed, medications administered, and more
- Burial and funeral costs
- Loss of the financial support that the victim would have provided
- Loss of companionship or consortium
- Loss of gifts that the victim would have given
- Loss of guidance and training for the victim’s children
You Can Still File a Lawsuit Even if the Victim was Partially Responsible for the Crash
California is a comparative negligence state, meaning that even if your loved one was partially at fault for the fatal accident, you could still file a wrongful death lawsuit. What happens is that the financial judgment that you are awarded will be reduced by the percentage of fault of the victim. For example, if it is found that the deceased was 25 percent at fault for the fatal crash, and the jury awards $1 million, then you would receive $750,000.
Do Not Delay in Hiring an Attorney
Our attorneys at Salamati Law strongly recommend that you hire an experienced personal injury lawyer to represent you in your wrongful death claim. Determining which party or parties to sue, investigating your case, building your case, identifying all of the potential damages you and your family may suffer, communicating with the insurance company, negotiating a settlement, and potentially advocating in court on your behalf are all stages of your case that need professional guidance.
A Trusted Law Firm Since 1995
Since 1995, we have been there for Southern Californians when their world is turned upside-down after losing a loved one. We will handle every aspect of your case from beginning to end and devote all of our resources to achieve a successful outcome on your behalf. We recently obtained a $2 million settlement on behalf of a client who was a motorcycle crash victim.
Contact us today for a free consultation
If you have lost a loved one in a motorcycle accident, call Salamati Law today to arrange your cost-free case review. We work on a contingency fee basis, which means that you will not pay us anything unless we represent you and win.
