Motorcyclist Killed in Crash with Garbage Truck – Motorcycle Accident Wrongful Death Lawyers
A man died on Tuesday afternoon after being involved in a crash with a garbage truck. The motorcyclist, from Anaheim, was determined to be 56 years old. His name has not been released. According to the Garden Grove Police Department, the crash occurred at approximately 1:15pm on the 11700 block of Western Avenue (in Garden Grove). The driver of the garage truck remined at the scene and was cooperative with the authorities/investigation.
According to police, officers arrived on the scene and found the motorcyclist unresponsive in the road. Upon the arrival of paramedics, the man was transported to a local trauma center where he later died.
The Coroner’s Office is conducting an autopsy to determine the cause of death. Currently, the authorities do not believe that alcohol or drugs were factors.
Anyone with additional information is urged to contact the authorities.
Unfortunately, motorcycle accidents are among the most devastating types of accidents anyone could suffer. When a garbage truck is involved, the incident can result in critical and often fatal injuries (just based on the size of the truck alone). If a member of your family died in a motorcycle-garbage truck crash in Garden Grove or anywhere else in California, our legal team can help you.
Here at the Downtown L.A. Law Group, our experts are more than ready to provide you with the guidance that you need to take on the negligent party or entity that caused the wrongful death of your loved one. Our lawyers are more than ready to evaluate your claim and help you reach justice. If you are ready to speak with our motorcycle accident wrongful death lawyers, contact us today.
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Some possible causes of motorcycle accidents include the following:
- Reckless driving
- Driving under the influence of drugs or alcohol
- Speeding
- Weaving in and out of traffic
- Tailgating
- Crossing across lanes
- Switching lanes without checking blind spots
- Lane splitting at reckless speeds
- Unsafe road conditions
- Unsafe weather conditions
- Mechanical issues
- Electric failures
Of course, motorcyclists and garbage truck drivers can be at-fault for incidents. However, city entities, companies that own the vehicles involved, or even the manufacturers of the vehicles could be at-fault.
Can I File a Lawsuit after the Wrongful Death of a Family Member in a Motorcycle Accident?Yes, you could have the right to file a claim. If you are the surviving spouse, child, or another family member that was dependent on the decedent, you could file a wrongful death claim. The basis of wrongful death claims is negligence; that is, that the negligence of a party or entity caused the death.
The duty of care owed – in general, there is a duty of care owed. For example, drivers have a duty to drive safely and respect all traffic laws and signals to avoid incidents and injuries to others on the road (whether this is other drivers, passengers, motorcyclists, and pedestrians). Similarly, motorcyclists have a duty to ride safely and respect all traffic laws/signals to avoid incidents. If there is an accident, the driver that caused the accident is found to be liable and their insurance company would bear the burden of any claims. What if the incident was caused by a defective vehicle or dangerous road conditions? Vehicle manufacturers and road work agencies, similarly, owe a duty of care; vehicle manufacturers have the duty to ensure that their vehicles are free of any defects in design, labeling, or manufacturing, while road work agencies have the duty to identify and address any hazards on the road.
When a party or entity breaches their duty of care, they can be liable for all harm resulting from an accident.
Motorcycle vs. Garbage Truck Accidents – Possible InjuriesSome of the injuries that victims could suffer include the following:
- Head injuries, including concussions and traumatic brain injuries
- Skull fractures
- Facial injuries, including broken nose, broken jaw, broken teeth
- Ocular injuries (injuries of the eyes)
- Neck injuries and back injuries
- Spinal cord injuries
- Pelvic injuries
- Hip injuries
- Knee injuries
- Road burn
- Severed limbs
- Crushing injuries
- Fractures, sprains, and strains
- Lacerations
- Scrapes and bruises
Although these injuries might seem only minor, these injuries can certainly be critical or even fatal.
Can I Receive Compensation?You could be eligible to recover compensation for your wrongful death claim. Although every claim is different, you could be eligible to recover compensation for some of the following:
- Medical costs (incurred prior to death)
- Lost income (loss of financial support)
- Property damage
- Loss of consortium
- Funeral and burial damages
- Punitive damages
- Legal costs
What if the victim was partially liable for the incident? Depending on the details surrounding a claim, the decedent can actually be found to have been comparatively negligent. Based on comparative negligence, the total damages awarded may be reduced. The actions of both parties will be evaluated to determine what percentage each party is at-fault. For example, if the decedent is found to have been 30% at fault, then the total damages awarded will be reduced by 30%. This is important in cases where the actions of the decedent contributed to the accident.
How much compensation can I recover? Motorcycle accident wrongful death claims can be worth anywhere from $300,000 to $750,000, although some cases can be worth significantly more. Accident cases involving city vehicles (like a city-operated garbage truck) can reach and surpass the million-dollar mark.
For more information about the compensation that you could be awarded, contact us today. Our experts are fully committed to getting claimants the maximum payout available for their claims. You can trust that our motorcycle accident wrongful death lawyers are ready to handle your claim effectively and get you the settlement that you are owed.
All claims are subject to a statute of limitations. The statute of limitations determines the time that claimants have to file their claims. Under California law, wrongful death claims are subject to a two-year statute of limitations. This means that claimants will only have two years from the death of the victim to file their lawsuits.
What happens when a government entity is involved? If the accident is determined to be caused by the negligence of a government entity, whether it is a road work/maintenance agency or a city or county-run company, then claimants will need to file a government claim. Under California law, government claims for wrongful death must be filed within six months.
For more information about the total length of time that you have to file your motorcycle accident wrongful death claim, contact us today.
Contact the Downtown L.A. Law Group TodayDid a member of your family die in a motorcycle accident? If so, you could have the right to file a wrongful death claim and recover compensation. If you are interested in learning more about the legal options available to you, please do not hesitate to reach out to our legal team as soon as possible. Our lawyers are more than ready to provide you with the guidance that you need to fight for your rights and recover the maximum settlement available. To ensure that we remain as accessible as possible, we offer free legal services. These free legal services include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to begin or continue your lawsuit. These are available through our Zero-Fee Guarantee, which states that our clients will never have to worry about paying upfront legal fees. Our law firm works on a strict contingency structure, so our clients will never be required to pay anything if their claims are unsuccessful. That’s right, you will not pay anything if you do not win.
If you are ready to speak with our wrongful death lawyers, contact us today.
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