Motorbike use increases because of rising fuel rates, and necessity. Due to the rise in the number of motorcycle users, there is also an increase in the number of wrongful death claims related to motorcycle accidents. The term ‘wrongful death’ refers to the demise of an individual due to someone else’s negligent action. Now, what is negligence? Think of it as someone breaching a legal obligation to confirm other people’s safety. When negligence contributed to or caused a motorbike rider’s death, it can amount to a case of wrongful death.
Over half of fatalities on motorbikes occur due to fellow motorists’ fault, as per the IIHS (Insurance Institute for Highway Safety). This is just a staggering piece of information.
There are numerous reasons individuals ride. When one rides a motorbike, he or she anticipates not being struck by a different vehicle or struck on an unprotected load extending from a flatbed trailer. However, it always occurs when people traverse California’s highways, particularly the crowded ones.
When a motorbike accident kills your loved one, the legal successor could be entitled to get fair compensation. This is achieved through an out-of-court settlement negotiation or by filing the motorbike accidental death claim.
What An Heir In A Motorbike Wrongful Death Claim Can Recover
First, a person should understand that albeit it comes under the negligence claim category, insurance adjustors and courts will reduce the claim’s value. They will do this based on the comparative fault doctrine.
It is possible for factors such as road conditions to be considered unsafe for the motorbike speed. This coupled with the other individual’s bad deeds could have caused the rider’s demise. So after the minimum level of negligence is satisfied, survivors can pursue compensation for damages.
A victim could recover compensation for many things, including the following.
- Loss of previous, current and future financial support.
- Value of loss of household services.
- Loss of affection, love, sex and consortium.
What You Should Do After A Fatal Motorbike Accident
When you are faced with a family member’s demise, it must be difficult to take legal matters head-on. However, you must concentrate and take quick action. Take steps now to not just preserve every piece of evidence, but also to secure witness details. Attorneys make a special effort to do every necessary thing to build their clients’ motorcycle accident-related cases when the latter is grieving.
So you should get in touch with a motorcycle accident attorney at some point after your loved one’s wrongful death to take the matter to court, if necessary.