Maison Law Accident and Injury Lawyers of Modesto represents anyone that’s been hurt in a bicycle accident. You probably realize that any bicycle accident can result in pretty serious injuries, but you don’t necessarily expect one to happen. What’s worse, though, is that any bicycle accident can be more serious–even fatal. With our experience and successful track record in handling these claims, we are here to help you and your family. Contact us for a free consultation to learn more about what we can do for you.

Why You Need a Lawyer After a Fatal Bicycle Accident

Dealing with the aftermath of a fatal bicycle accident in Modesto can be overwhelming. Whether you’re the one that’s suffered fatal injuries or a loved one has, trying to handle all of the responsibilities that come with any fatal accident. While hiring a lawyer isn’t required, managing the legal process alone during such a difficult time can be complex. That’s where our team can help by:

  • Investigating the accident to gather all relevant facts and details
  • Identifying who is responsible for the incident
  • Guiding you and your family through the legal steps needed

From negotiating with insurance companies to filing wrongful death lawsuits, we are here to support you and your family every step of the way. However, a fatal bicycle accident changes the legal process, so it’s important to know what to expect.

How Does a Fatal Accident Change the Legal Process?

A fatal bicycle accident is something that can happen, but that doesn’t mean it’s not tragic. In fact, this is by far the worst outcome of any bicycle accident in Modesto, and the law takes this into account. The legal process after one of these accidents tries to meet this urgency, allowing your family or other personal representatives to file a “wrongful death” claim. Specifically, only the following can file a wrongful death claim in California:

  • Surviving spouses or domestic partners
  • Surviving children
  • Personal representative named in a will

 

If there are no surviving spouses or children, other close relatives like parents, siblings, or step-family members may be eligible to file. Once the claim is filed, the process is similar to other claims, but another difference in the process is the available damages. Rather than focusing on losses from injuries, they focus on the various losses that result from a fatal accident, like: 

  • Financial support the deceased would have provided
  • Loss of companionship and friendship
  • Emotional distress from the loss
  • Parental guidance and support that would have been given to children
  • Loss of income or benefits
  • Projected lifetime earnings
  • Medical and funeral expenses
  • Punitive damages in certain cases

Each case is unique, but the losses from a fatal accident can be substantial. While no amount of money can bring back a loved one, it can help ease the financial and emotional burden your family faces. It’s crucial to act within California’s two-year statute of limitations, or you may lose the chance to recover damages, no matter how strong your claim is.

Who Pays For Damages After a Fatal Bicycle Accident?

Dealing with a fatal bicycle accident in Modesto is overwhelming, but it’s important for surviving family members to consider their legal options. Even with a fatal bicycle accident, the first step is figuring out who’s responsible-and in turn who has to pay for the damages. This involves proving negligence, meaning:

  • The at-fault party failed in their duty to keep others safe, leading to the fatal accident.

 

While this legal standard may seem simple, the actual situation can be much more complicated. Depending on the circumstances, several parties could be held responsible for damages, including:

  • Drivers involved in the accident
  • Bike or parts manufacturers if a defect caused the accident
  • Local government agencies if poor road conditions contributed to the crash

So, the actual circumstances are very important. Unfortunately, the things that cause any bicycle accident can eventually be so serious that it results in fatal injuries. Specifically, though, these accidents usually happen because of:

  • Not checking – Bicyclists are harder to see, leading to fatal accidents, even at low speeds.

 

  • Reckless driving – Drivers making risky moves around cyclists often cause deadly crashes.

 

  • Impaired driving – Drunk or drugged drivers have slower reactions, increasing fatal accident risks.

 

  • Poor weather – Rain, fog and storms reduce visibility and control, making fatal accidents more likely.

 

  • Poor road maintenance – Even potholes and other road maintenance issues can cause fatal injuries in bicycle accidents

 

  • Faulty parts – Defects like failing brakes or tires can cause serious bicycle accidents, especially in hillier parts of the city.

 

These are common causes of fatal bike accidents in Modesto, but it’s important to remember that any accident can be deadly. That’s why taking safety precautions while riding is so important. But equally as important is gathering certain information in the aftermath of the accident itself.

What Can You Do After a Fatal Bicycle Accident?

Obviously, a fatal bicycle accident is going to change what can be done after the accident. In a normal bicycle accident, you have some level of control. But when the injuries are fatal, that’s left up to someone else. Still, there’s certain things that have to be done to form the foundation of a potential claim. In a fatal bicycle accident, this is going to involve:

  • Report the accident to the police and call an ambulance – Call the Modesto Police Department (MPD) and 911 for immediate medical care. This will take care of any non-fatal injuries, and will also provide an official record of the fatality.

 

  • Collect evidence and information – Gather contact information, insurance details, accident scene photos, and official reports. This is going to be vital, just as it would be in a non-fatal accident.

 

  • Keep track of losses – Keep a running list of expenses like medical bills, funeral costs, and any financial losses caused by the accident. These records will help show the impact of the accident and strengthen your family’s claim for damages.

 

  • Maintain evidence – Keep the bicycle and any damaged property in their post-accident state. Preserving this evidence is crucial for establishing fault and supporting your wrongful death claim.

 

Taking these steps will protect your family’s legal options and help secure the financial support available through a wrongful death claim. Understanding the causes of fatal accidents is also important, as it can help you be more prepared. But again, a fatal accident is tragic and traumatic. Partnering with our legal team can make a huge difference and make the process easier.

 

Contact Maison Law Accident and Injury Lawyers of Modesto After a Fatal Bicycle Accident

When there’s a fatal bicycle accident in Modesto, your family needs to take steps to protect your rights. At Maison Law Accident and Injury Lawyers, our experienced team is here to offer the support and guidance needed during this challenging time. If you’ve lost a loved one in a fatal bicycle accident, contact us today for a free consultation to help you move forward.