The loss of a loved one is always painful. But when that loss is premature and the result of a motorcycle accident in California, the challenges and pain can be even more difficult to overcome. You worry about the cost of the funeral, possible medical bills, and other financial obligations that could add to your stress. Sadly, all you want to do is honor your lost loved one, mourn your loss, and allow your family to begin to heal from the devastation. But instead, you are worried about the legal complications that could arise from a loss of life after a motorcycle accident.
If you are facing all of these challenges at such a painful time, the staff at DTLA Law Group would like you to know that we are here to help in any way we can. Our team is available 24/7 to answer any immediate questions or offer guidance in any of the difficult decisions you must make in the coming days. We understand that your grief is making the process even more challenging than it should be. And we are here to offer expert legal advice you and your loved ones need when dealing with the wrongful death of a family member due to a motorcycle accident. Don’t hesitate to contact our office for a free consultation to learn more about answering difficult questions like who will pay your loved one’s funeral expenses and other debts incurred due to the accident.
The Common Causes Of A Motorcycle Fatality
Driver negligence is often to blame for vehicle accidents, particularly motorcycle rider fatalities. But the blame is not on the rider. The negligence of a car or truck driver results in the accident and the death of the motorcyclist. In just a fraction of a second, a driver can change lanes, make a turn, or allow the vehicle to drift, resulting in an accident that severely injures or kills an innocent motorcycle rider. In addition, that slight lapse in attention can cause an entire family to suffer when a parent or other family member is killed senselessly. The most common causes of motorcycle fatalities include:
- Drivers ignoring the speed limit or driving too fast for the current weather conditions
- Drivers who are under the influence of drugs or alcohol, including any over-the-counter or prescribed medications that alter alertness or reaction times
- Ignoring or failing to heed traffic warnings, signals, or laws
- Reckless driving due to anger, road rage, or other aggression, such as weaving in and out of traffic or tailgating
All of these actions are irresponsible and can result in an accident that claims the life of another driver or motorcyclist. And when the worst occurs, the driver who caused the accident and death must be held accountable for their actions and the loss of your loved one. A wrongful death lawsuit could be the only way for you and your family to receive the compensation owed to you for losing your loved one and expenses such as the cost of their funeral and medical bills related to the accident. The wrongful death lawyers at DTLA Law Group will help you understand how to pursue the compensation that is owed to you, your family, and your lost loved one.
What If No Other Vehicle Was Involved?
It is easy to assume that your loved one is to blame for their own death if no other vehicles were involved in the accident that claimed their life. You wonder what they were doing or not doing that resulted in an accident and the senseless loss you have suffered. However, it is vital to understand that not all motorcycle fatalities are due to another vehicle driver or your loved one. Many other parties could be to blame for the loss that you and your family have suffered. Some of the most common issues that could have caused your loved one’s fatal motorcycle accident include the following:
- Poor road conditions or maintenance of the road’s surface
- Defective traffic signals or missing traffic signs
- A mechanical defect with the motorcycle
- A mechanical issue with the motorcycle
- Poorly lit intersections, roads, or traffic warning signage
Knowing that all these outside factors could have been the cause of your loved one’s accident could bring you more confusion and pain than you imagined. However, the experts at DTLA Law Group are here to answer any questions you have regarding the motorcycle accident and how to determine the actual cause of the accident that claimed your loved one’s life. Once the genuinely negligent party has been determined, our staff will provide all the information you need to decide to file a lawsuit against the negligent party to seek the compensation you deserve, including the cost of your loved one’s funeral.
Understanding The Four Elements Of Negligence
The expert wrongful death lawyers at DTLA Law Group will focus on the four elements of negligence when determining who is genuinely responsible for the accident that claimed your loved one’s life. The factors include:
- Duty Of Care – everyone owes a duty of care or responsible action, including other drivers, vehicle manufacturers, mechanics, and the government accountable for the street care, signage, and traffic signals
- Breach Of Duty Of Care – when someone does not meet their obligation for duty of care, resulting in the harm of an innocent party
- Cause – when the breach of duty of care directly causes an accident that the victim had no way to avoid
- Harm – the breach of duty of care and accident resulted in injury to an innocent party
While understanding and interpreting how all of this information applies to the loss of your loved one can be complex, the experts at DTLA Law Group have decades of expertise in providing reliable information to families just like yours. In addition, once the cause of the accident is determined, the staff at DTLA Law Group can provide more information on how you and your loved ones can seek compensation from the negligent party responsible for the loss of your loved one.
Who Can File A Wrongful Death Lawsuit?
Understanding that only specific family members can file a wrongful death lawsuit is crucial. In California, the list includes a surviving spouse, domestic partner, or surviving children. The only other exception is any family member financially dependent on the decedent. The staff at DTLA Law Group will work with these family members to ensure that the responsible party is held accountable for their actions and the losses they caused to ensure your family gets the money needed for your loved one’s funeral expenses and other losses.
The Cost Of An Average Funeral
While you might think that the cost involved in a basic funeral is going to be reasonable, there are many expenses you might not have considered. Sadly, the average cost of a funeral is well over $10,000 and can include:
- The cost of transporting the body to and from the funeral home
- Funeral home expenses to prepare the body
- The cost of a casket
- The price of a burial plot
- Fees to hold the funeral service at the mortuary or graveside
- Cost of a headstone, delivery, and installation
These are all costs that can be included in a wrongful death lawsuit after a motorcycle accident claims the life of your loved one. In addition, you and your family can seek compensation for medical bills related to the accident, loss of or damage to personal property, and other losses your family suffered when your loved one was involved in a fatal motorcycle accident.
The Statute Of Limitations For Wrongful Death
In California, the Statute of Limitation for wrongful death is, in most cases, two years from the date of your loved one’s death. If you fail to file a lawsuit in that time, you will most likely lose your right to seek compensation. However, that timeframe can vary based on who is responsible, such as a city or country failing to maintain a roadway properly. If a different time applies to your lawsuit, the expert lawyers at DTLA Law Group will explain the timeframe that applies to your lawsuit and why the case must be filed sooner than the typical two-year window.
We Only Get Paid After We Complete Our Job
The staff at DTLA Law Group understands the stress and grief that you and your family are enduring after the loss of your loved one in a fatal motorcycle accident. We pledge to do all we can to ensure justice is served for you, your family, and your lost loved one. In addition, we never want to add to your stress with legal fees and more expenses you must worry about paying. So we only ask for payment after we have secured the settlement or verdict you need to pay for your loved one’s funeral and other expenses related to their fatal motorcycle accident. So don’t hesitate to contact the DTLA Law Group as soon as possible to learn more about your rights and how to get the compensation your loved ones are owed for someone else’s negligence.