Maison Law Accident & Injury Lawyers of Modesto helps motorcycle accident victims throughout the city. Fatal motorcycle accidents are a tragic reality our team handles frequently. If you’ve lost a loved one in a motorcycle accident, we’re here to help you and your family through the legal process. Contact us for a free consultation today.
Why Do You Need a Lawyer After a Fatal Motorcycle Accident in Modesto?
When there’s a fatal motorcycle accident in Modesto, you don’t need a lawyer technically. You can try to go through the claims process on your own on behalf of your lost loved one (or your loved one can try to do the same on behalf of you.)
But, a fatal motorcycle accident is often much more complex and difficult than a regular motorcycle accident. The emotional toll alone is challenging to get through, but when you also factor in the legal process, it can quickly get overwhelming. That’s why having a lawyer is beneficial. Our team helps families by explaining the process, negotiating with insurance companies, and making sure a claim has the best chance possible at success.
More than anything, we want to make the process as easy as we can. Facing the loss of a loved one is almost unthinkable, but with a motorcycle accident, it’s not unheard of.
What Kind of Claim Can Be Filed After a Fatal Motorcycle Accident in Modesto?
After a fatal motorcycle accident, surviving family members can file a wrongful death claim. This claim allows them to try to recover financial support caused by the death of their loved one.
As for the claims process, it looks very similar to any other motorcycle accident. The family members can file either an insurance claim or lawsuit, with each option allowing for the recovery of certain “damages” like:
- Funeral and burial expenses
- Medical costs incurred before death
- Loss of income and financial support
- Loss of companionship and emotional support
- Pain and suffering experienced by the deceased
- Punitive damages (in some cases)
Remember, wrongful death claims must be filed within a certain timeframe. In California, you generally have two years from the date of death to file a claim. However, even with these options, it’s still important to look at who’s responsible and what can be done to improve a claim.
Who Pays For Damages in a Wrongful Death Claim After a Fatal Motorcycle Accident?
In any motorcycle accident claim, including a fatal one, one of the first steps is figuring out who is legally responsible for causing the accident. While a fatal car accident has much higher stakes, the legal standard remains the same: negligence.
To prove negligence, it has to be shown that anyone involved:
- Had a duty to act safely and avoid harming others but failed in this duty, leading to the accident and resulting fatal injuries.
Once negligence is established, it gives you the person, agency, or company that’s responsible for paying for the damages in the claim. With most motorcycle accidents, this is going to fall on a driver that was directly involved in the accident. However, like any other accident, others might also be involved to share some liability:
- Other drivers involved in the crash
- Motorcycle owners if the rider wasn’t the owner
- Manufacturers if a defect caused the crash
- Government agencies if poor road conditions were a factor
It’s worth repeating that the complexity and stakes are significantly higher in a fatal motorcycle accident. Thus, it then becomes vital to protect and strengthen a claim.
Can a Fatal Motorcycle Accident Claim Be Strengthened?
One of the toughest things about a motorcycle accident is that every single one of them can be fatal under the right conditions. But even with a fatal motorcycle accident, the claims process still has to be gone through to get damages. And to get the most damages possible, you or your family is going to have to put together a strong claim. So to do that, the following steps need to be taken:
- Call 911 to report the accident – The first thing that needs to be done is reporting the accident to police and an ambulance. Calling 911 is usually the quickest way to do this, and should allow either the Modesto Police Department or California Highway Patrol to respond to the scene. If there are any survivors, they can get medical assistance from EMTs.
- Gather evidence and information – Another important step is getting evidence and information at the scene. If you’re able, this means taking pictures and videos of the accident scene, including any damage to vehicles or the motorcycle. Also, insurance and contact information from anyone else involved is going to need to be secured.
- Track losses – Keep a record of all expenses from the accident, especially medical bills and funeral costs. This will show the financial impact on your family.
- Preserve evidence – Keep all evidence as it is. Maintain the motorcycle and any damaged property in their post-accident state. Don’t change anything at the accident scene itself.
While no one wants to face a serious motorcycle accident, taking these steps is essential if there’s a fatal accident. Obviously, if you are the one with fatal injuries, someone else will have to take these steps. That’s where our team can help your family-by helping them get this information and evidence.
What Are Some of the More Common Causes of Fatal Motorcycle Accidents in Modesto?
Motorcycle accidents are always dangerous no matter where they happen. But as it relates specifically to Modesto, they happen when negligence or recklessness comes into play. Despite the motorcyclist’s efforts, they can be seriously injured or killed by factors beyond their control. Common causes include:
- Failure to yield – Drivers who don’t give motorcycles the right of way when turning or changing lanes can cause serious accidents.
- Distracted driving – Texting, talking on the phone, or adjusting the radio can make drivers miss seeing motorcyclists.
- Speeding – Speeding or aggressive driving increases the risk of accidents with motorcyclists, especially on Modesto’s winding roads.
- Driving under the influence – Alcohol and drugs impair driving ability, creating dangerous conditions for motorcyclists.
While this list highlights common causes, each fatal motorcycle accident in Modesto can have unique factors. When this happens, the legal process is going to be extremely important to your family’s ability to move forward. Our team at Maison Law Accident & Injury Lawyers of Modesto can leverage our resources and experience to make sure the legal process ends with a fair outcome.
Get Help From Experienced Modesto Fatal Motorcycle Accident Lawyers
Losing a loved one in a motorcycle accident is always a tragedy. But as tragic as they are, they’re unfortunately common in Modesto. When this happens, your family will need to take action. At Maison Law Accident & Injury Lawyers of Modesto, our experienced lawyers are here to help. We understand how hard this time is and will support you with care and dedication. If you’ve lost a loved one in a motorcycle accident, contact us today for a free consultation to get the help needed to move forward.