The loss of a family member due to a motorcycle accident is a tragic scenario, but it’s especially devastating to the family of the victim if the accident was the result of negligence or carelessness on the part of another driver. When a crash that results in fatalities is caused by another motorist’s negligent actions, such as speeding, tailgating, running a red light, or driving while under the influence of drugs, alcohol, or prescription medications, the question of who was at fault becomes especially important.
If a family member died in a motorcycle accident as the result of negligence, carelessness, an intentional act, or due to a defective product, the victim’s surviving family members may be able to file a lawsuit for wrongful death. In the state of California, who can file a lawsuit for wrongful death? The answer to that question is that only certain people are permitted to file this type of lawsuit on behalf of the victim. They are (in descending order):
- The decedent’s surviving spouse
- The decedent’s domestic partner
- The decedent’s surviving children
If there is no surviving person in the decedent’s line of descent, a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession.” This could include the decedent’s parents or siblings, depending on who is living at the time of the victim’s death.
Another important question that survivors of the victim will have is who to sue in a wrongful death lawsuit. California law allows certain surviving family members to sue the negligent person, business, or other entity that is responsible for the death of their family member.
What California family members need to know?
There are some very important steps to take after a fatal motorcycle accident in which your family member was killed. First and foremost is to engage the services of a wrongful death attorney who has extensive knowledge and experience when it comes to handling motorcycle accident claims.
Wrongful death attorneys such as Inland Empire Motorcycle Law, Riverside motorcycle accident attorneys, will be able to answer all of your legal questions, provide emotional support, take care of all of the necessary paperwork, track down evidence, and, most importantly, protect you from unscrupulous tactics used by some insurance companies.
While your attorney will handle much of the process of collecting evidence, any information that you can contribute, including insurance policies and paperwork, financial documents that demonstrate the deceased’s earnings and income, and any photographs or records related to the motorcycle that was involved in the accident can really help to ensure the success of your case.
The first consultation is free
No amount of money can compensate family members for the loss of a loved one. However, wrongful death cases involving motorcycle accidents can help to ease any financial hardships for the deceased’s survivors as well as bring closure so that the healing process can begin.
Contact the attorneys at Inland Empire Motorcycle Law to schedule your free consultation.