Fatal Motorcycle Accident

Motocycle Accident

The injuries that you experience as a motorcyclist can be far worse than that of a car driver for many reasons. Car drivers are inside a compartment that keeps them safe, while you, as a motorcyclist, have no physical barrier or protection between you, the road, and other vehicles. This means that your injuries are more severe, resulting in a fatality rate that is 5.5 times higher than that of a car driver. If your loved one was in a fatal motorcycle accident, you can seek a wrongful death settlement with the help of a supportive attorney. They can prove that the other party was negligent, resulting in the passing of your family member.

When you experience the loss of a loved one in Orange County after a fatal motorcycle accident, you can seek compensation for funeral and burial costs, income loss, and many more damages. Contact Timothy J. Ryan for a free consultation.

How Fatal Motorcycle Accidents Occur

According to researchers, you are 35 times more likely to experience mortal wounds in a motorcycle accident than car drivers. You are also 1.2 times more likely to get injured in a motorcycle accident when compared to a car driver.

Are most motorcycle accidents fatal?

Unfortunately, a majority of motorcycle accidents are fatal. The fatality rate as of 2006 was 72.34% per 100,000 registered vehicles. That is a 39% fatality per every 100 million vehicle miles traveled. This means that the more a motorcycle travels, the fatality rate declines, probably because of the biker’s experience. Injuries are more frequent than fatal wounds, where there were 88,000 injuries out of 6,686,147 registered vehicles in 2006.

What is a major cause of death in motorcycle accidents?

About half of all fatal motorcycle crashes happened because the motorcycle was struck by another motor vehicle. Around 78% of motorcycles were struck by a car in the front and 5% in the back. However, a good amount of motorcyclists get into a fatal collision with an obstacle. For example, they might make a mistake and hit the road, signpost, or curb. About 40% of crashes happened because of car driver mistakes. When a car is turning left while a motorcycle is passing, going straight, or changing lanes, a fatal accident was the result.

Are motorcycle accidents more likely?

Car accidents are far more likely to happen than motorcycle crashes. This is because motorcycle drivers tend to be more attentive and observant of their environment, as they are more exposed to the elements. However, they are far more likely to die in a traffic accident compared to car drivers.

What Damages Can I Seek In a Fatal Motorcycle Accident?

If you are the survivor of a family member who passed away after a fatal motorcycle accident, you may be able to start a wrongful death claim. You can work with an attorney to identify if you and your family are eligible. Wrongful death damages can include the following:

Economic Damages

Even though your loved one didn’t survive their fatal injuries, you would still be able to claim a settlement for their medical bills before their death. You can also include their earning capacity, income, and any lost benefits such as a pension fund.

Noneconomic Damages

This can include various options, such as loss of guardianship, mentorship, consortium, companionship, and valuable services. You will also want to mention their pain and suffering they endured before passing and any dependents they left behind. The life circumstances of the dependents are important and will be a factor in the total settlement amount.

Punitive Damages

If it can be proven that the other driver was malicious or extremely neglectful, such as aggressive driving, you can also claim punitive damages. This can be proven with the help of eyewitnesses, traffic cameras, or the other party are honest about their behavior.

You will need the help of a motorcycle accident attorney to estimate an accurate settlement amount. This way, the other parties will be more likely to consider paying a settlement for you and your family’s losses.

What to Do After a Fatal Motorcycle Accident

If you and a family member are experiencing a fatal motorcycle accident, don’t do it alone. You can be supported by a helpful law firm with plenty of experience providing advice during such a difficult time. Contact Timothy J. Ryan for a free consultation.

Frequently Asked Questions (FAQs) – Orange County Motorcycle Accident Attorney – Fatal

Under California law, a wrongful death claim can be filed by the deceased person’s surviving spouse, domestic partner, and children. If there are no surviving persons in that line, the claim can be made by anyone who would be entitled to the deceased’s property by intestate succession, such as parents or siblings.

A wrongful death claim compensates the surviving family members for their own losses, such as the loss of financial support and companionship. A survival action is brought on behalf of the deceased person’s estate to recover damages the victim could have claimed had they survived, such as medical bills and lost wages incurred before death.

Families can recover economic damages, including the loss of the deceased’s future financial support and the reasonable value of their household services. They can also recover non-economic damages for the loss of the deceased’s love, companionship, comfort, care, and guidance. Funeral and burial expenses are also recoverable.

Proving fault is critical and often requires a swift and thorough investigation. Evidence includes the official police report, eyewitness statements, photos or videos from the scene, and data from the vehicles involved. Often, an accident reconstruction expert is hired to analyze the evidence and provide a scientific opinion on how the crash occurred and who was responsible.

The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the person’s death. It is crucial to adhere to this deadline, as failing to file a lawsuit in time will permanently bar your family’s right to seek compensation.

You should never accept a quick settlement offer from an insurance company without consulting an experienced wrongful death attorney. Initial offers are almost always far below the true value of your claim and do not account for the full lifetime of financial and emotional losses your family will suffer. It’s a tactic to close the case cheaply.

To calculate the full extent of financial losses, attorneys work with forensic economists. These experts analyze the deceased’s age, health, earning history, and career trajectory to project their lost future income and the financial value of their household contributions over a lifetime. This provides a solid, evidence-based foundation for the economic damages portion of the claim.