When you think about accidents on the road, it is important to remember that a significant number of these involve motorcycles too. It’s not just cars and trucks that are affected, motorbike driver fatalities are high as well. If your loved one has been a victim of a wrongful death during a motorcycle ride, it is only natural to want resolution. This guide covers the ins and outs of this type of accident and how to pursue a wrongful death claim.
The Main Causes of Motorcycle Accidents in 2023
There are lots of things that cause accidents on the road. Sometimes it is because of negligence behind the wheel, for instance, drink driving, and others it is things that are out of our control like a sudden turn in weather or unexpected ice. Motorcyclists are more at risk than car or truck drivers because they are more exposed and in control of smaller vehicles where there is not as much protection and more scope for catastrophic injury. So, what are these leading causes that you need to be aware of?
Whether it is the person on the bike or someone in a different vehicle, driver distractions are frequently cited as a factor behind fatal collisions. When a wrongful death occurs, insurers and attorneys will always work to find out the reasons and driver distractions may appear as someone who was using their phone when they shouldn’t have been, or simply not paying attention because of external interference. Whatever the reason, if someone is not giving their full attention to driving then accidents are bound to happen. If there is no fatality, there will definitely be grounds for a personal injury claim instead if these circumstances can be proven with evidence.
Poor weather is another common cause of this type of collision or incident. It could be an icy patch after a cold spell, a sudden downpour of heavy rain, unexpected windy conditions, or things like thick fog in the dark. All of these things decrease response times and make it incredibly difficult to remain in control of a motorbike or any other type of vehicle. While driving in extreme weather should be avoided, it is sometimes necessary, and even if you prepare well, the increased risk of a collision occurring never goes away.
If roads have not been properly maintained, this will also cause big problems for drivers regardless of their vehicle. Things like potholes that have been neglected, or debris that is not cleared away promptly will pose a threat and lead to injury or death if encountered.
Not Enough Experience
New and young drivers are most at risk of getting involved in a traffic collision. This is always because of a lack of experience while driving. It doesn’t matter how many lessons you take or how perfect the test score was; without real hours navigating other drivers and road conditions, there will always be a disadvantage to speak of.
Turning on an engine and driving with too much alcohol in the system is against the law for good reason. Not only is there a noticeable decrease in response times and control, but there is also a significant delay in how the brain processes all the information coming your way. When drink drivers are the cause of wrongful death, it is normally a clear-cut verdict with full culpability assigned to the perpetrator.
Finally, motorcyclists are always more vulnerable to other road users not being able to see them or noticing their presence when it is too late. If they are overtaking, weaving in and out of traffic, or coming out of a busy junction, they are less noticeable than a big car, especially in fog or in bright sunlight.
How to Pursue a Wrongful Death Claim
So, if any of these things have happened, and your loved one is sadly deceased, it is time to think about how to proceed with a wrongful death claim.
Here’s what you need to do.
Who Can Claim?
Firstly, understand who is able to claim. If you are a spouse, parent, sibling, child or other representative of the loved one’s estate then you are able to file this suit without a dispute. It is harder, and more questionable when a friend or colleague wants to pursue this option and will often be dismissed before it leads anywhere.
What Can Be Claimed?
There are a few things that can be claimed in a wrongful death lawsuit, such as loss of income, mental health effects, medical expenses and factors such as lost inheritance too. The best place to get a clearer picture of what can be claimed and why is with an experienced attorney who will lead the way and make what needs to happen, happen. Funeral costs are also a relevant financial claim in this context and should be factored into any settlement figure that is brought to the table for consideration.
Why an Attorney Is the Safest Option
What can an attorney do for you in this situation? The answer is: plenty. They will stand by your side and control the narrative in a sensitive way so that the best possible outcome can be brought to justice.
An attorney will do everything in their power to gather sufficient evidence to support your claim. They will look at medical bills, treatment, witness accounts and police reports from the accident to make the best decision possible for you and your loved one.
It is mentally taxing to go through this process, therefore the knowledge that an expert is on the case will provide invaluable emotional support throughout it all.
Covering the Legalities
Finally, attorneys are the only people who know and understand the law thoroughly. They will guide you in terms of when to act, what to say, what not to say, and how things should be conducted.
If your loved one has suffered a fatality in a motorcycle accident, this is always worth pursuing for your peace of mind and sense of resolution. Don’t delay, visit our office today and speak to us to get the ball rolling. Kyle & Peiter, PLLC can be found at:
814 S Church St. Suite 210, Murfreesboro, TN 37130
Call now for a free consultation on (615) 806-6561.