t’s easy to see why motorcycles appeal to so many — there’s a particular freedom that comes with taking on the open road. However, because motorcyclists are so much more exposed than passenger vehicle occupants, they are much more likely to be seriously injured or even killed in the event of an accident.
Some motorcycle accidents are just that — accidents. But what happens if your loved one’s death was directly caused by someone else’s negligence? In this case, you may want to speak with a San Francisco motorcycle accident attorney about filing a wrongful death lawsuit.
Understanding Wrongful Death Claims
If a motorcyclist is seriously injured by another driver, a motorcycle accident attorney may be able to help them file a personal injury claim. However, if the motorcyclist dies as a result of their injuries, the attorney might help their surviving family members file a wrongful death claim.
A wrongful death claim is much like a personal injury claim, except the injured person is deceased. In a wrongful death case, the attorney representing the deceased person’s family must prove the elements of negligence as they would in a personal injury case:
- The at-fault driver had a duty of care to the motorcyclist
- They breached that duty
- Their breach of duty directly caused the motorcyclist’s death
- As a result of the motorcyclist’s death, there are damages to collect
In many cases, this kind of negligence is fairly straightforward to prove. All drivers on the road have a duty of care to pay attention, obey traffic laws, and not drive under the influence of drugs or alcohol.
Accident reports and CCTV footage can prove the driver breached the duty of care and the breach caused the motorcyclist’s death. Damages to be collected may include medical bills before death, funeral and burial costs, and compensation for surviving family members’ pain and suffering.
Who Can File a Wrongful Death Claim?
Not everyone is eligible to file a motorcycle wrongful death claim. In California, there is a hierarchy of who may file a wrongful death claim:
- The surviving spouse
- The surviving child(ren)
- Dependent minors who lived with the deceased
- The deceased’s parents (if they financially depended on the deceased)
- Other heirs, according to California intestacy laws
- The next of kin
- An appointed representative of the deceased’s estate
Some family situations are complex. If you aren’t sure if you are eligible to file a claim, a wrongful death attorney in San Francisco may be able to assess your case and give you answers.
Causes of Motorcycle Accidents Leading to Wrongful Death
Unfortunately, there are many potential causes of motorcycle accidents and wrongful deaths, including:
- Drivers under the influence of drugs or alcohol
- Texting or otherwise distracted drivers
- Drivers turning into the motorcyclist’s path
- Reckless driving or aggressive driving by the at-fault party
- A defective motorcycle part
- Poorly maintained roads and other road hazards
Sometimes, the causes of fatal motorcycle accidents are more complex than they seem. Our San Francisco wrongful death lawyers can thoroughly investigate the crash to determine liability.
The Wrongful Death Process
If your loved one is killed in a motorcycle accident, you may be unsure of whether to pursue legal action. It may help to have a general understanding of the steps in the process:
1. Meeting With a Wrongful Death Lawyer
The first step is to meet with an experienced attorney. At your no-obligation consultation, the attorney will look over your case and help you determine whether it is in your best interests to try to recover compensation.
2. Investigation
If your attorney takes your case, they will get to work investigating the circumstances of the accident to build a case against the responsible party. They will gather police reports, accident footage, and records of any medical expenses related to the motorcycle crash.
Your attorney will also look for any evidence to show the defendant acted recklessly.
3. Filing the Lawsuit
Once your attorney has put together your motorcycle accident case, they will formally file a lawsuit and serve a copy to the defendant.
4. Settlement
Most wrongful death lawsuits are settled outside of court. Your attorney can negotiate with the at-fault party’s insurance company to see if both sides can agree on a fair financial settlement.
5. Representing You in Court
In rare cases, your legal team and the insurance company are unable to reach an agreement. If this happens, your wrongful death case will be decided in a civil trial. Both sides present their case to a court, and a judge issues a ruling. If the other party is determined to be at fault, the judge will order them to pay you a certain amount.
Our San Francisco wrongful death lawyers understand that navigating a wrongful death lawsuit when you’ve just lost a loved one can be incredibly difficult. We’re committed to fighting for fair compensation, but we’re also here to support you during one of the most challenging times of your life.
The Role of a Lawyer in Wrongful Death Claims
If you go forward with a wrongful death case, your motorcycle accident attorney in San Francisco will be your lifeline. Lawyers are best known for representing people in court, but your attorney’s investigative abilities and negotiation skills often play an even bigger role when it comes to securing fair compensation in wrongful death cases.
Statute of Limitations for Wrongful Death Claims in San Francisco
Before you start searching for “motorcycle accident attorney near me,” you probably want to verify that you still have time to file a wrongful death claim. In California, you have two years from the date of your loved one’s death to file a wrongful death claim.
However, you should consult with motorcycle accident attorneys as soon as possible. Building a strong case takes time, and you want to make sure the case against the liable party is as strong as possible.
Seeking Justice and Closure After a Motorcycle Accident
Sometimes, a family member of the deceased victim believes that if an attorney for motorcycle accidents can secure compensation, they will feel a sense of closure. Holding negligent people accountable often makes you feel as though you’ve gotten justice for your deceased loved one, but it cannot bring them back.
We understand that pursuing a motorcycle accident claim in the wake of a loved one’s death can be emotionally challenging. Our team is here to support you as you grieve.
Recoverable Damages in a Motorcycle Accident Wrongful Death Claim
Once you’ve found a motorcycle accident attorney, you might wonder what kind of damages (compensation for losses) you may be able to recover. These are some of the possibilities:
- Loss of income your loved one would have made
- Medical expenses related to injuries from the accident
- Funeral and burial costs
- Loss of companionship
- Pain and suffering of surviving family members
Depending on the circumstances of your loved one’s accident, you may be able to recover other damages as well.
Looking for a San Francisco Wrongful Death Attorney?
If you have just lost a loved one in a fatal motorcycle accident, even getting through the day can seem impossible. However, if your loved one lost their life because of someone else’s negligence, the negligent party must be held accountable.
Your family also deserves financial compensation to cover medical expenses and funeral expenses — as well as support you while you grieve.
At Delfino Green & Green, we have been seeking justice for families like yours for more than 30 years. We understand that no amount of compensation can bring your loved one back. However, we hope that by holding negligent parties accountable, your family can move closer to healing.
If your loved one was killed in a motorcycle accident, get in touch with us for a free consultation.