A motorcycle rider was killed on Thursday, March 7th, when the driver of a car attempting to make a turn entered the rider’s path - the rider, who was wearing a helmet, was just 21 years old and died later of his injuries. This accident occurred in Bradenton, Florida and is the second fatal motorcycle accident that the city has experienced in a week.
The first accident occurred when a van cut into the motorcycle rider’s path as the rider navigated a turn. The rider in that instance was 47 years old but was not wearing his helmet. In both cases, the drivers were ticketed for right of way offenses, but further criminal charges are not expected.
Rights of Survivors
When a loved one is killed by the negligence or recklessness of another that loved one has the right to pursue civil charges against those who are responsible for the death. Whether or not a city, county or state files criminal charges has no bearing on whether or not a loved one can file civil charges in response to a person’s death. In the case of motorcycle and other vehicle accidents, public prosecutors are often unlikely to pursue criminal charges when the death appears to have been caused by an accident. The difference between criminal charges pursued by a public prosecutor and those pursued by a private person is that criminal charges can result in the loss of freedom, while civil charges can only result in financial loss.
Even though no amount of money can bring back a loved one, the law allows survivors of fatal injury victims to recover monetary compensation to assist with medical and burial expenses, as well as the economic hardship which the person’s loss creates if the deceased was a family breadwinner.
Rights of Victims
If a motorcycle rider is only injured in a crash, not killed, the law also affords that victim the right to full and fair compensation for injuries sustained. Compensation recovered by motorcycle accident victims often includes amounts for medical expenses, property damage expenses, and certain lost wages if the accident is serious enough to prevent a person from working.
Always Fact Specific
Every aspect of the law, including personal injury law, depends heavily on the facts of each case. Even though recovery is generally allowed, certain instances may reduce or completely bar a victim or survivor’s chance of recovery. This is why it is so important for anyone considering a personal injury or wrongful death lawsuit to have an experienced attorney review the facts of a case before moving forward. An attorney will be able to review the facts of a case to determine whether or not a claim has merit, what kinds of damages the victim or survivors should pursue, and the best legal strategy for moving forward. In general, those who go through an attorney to recover personal injury or wrongful death damages are able to recover more than those who try to handle the claims on their own.
