Motorcycle fatalities have been on the rise. If a loved one has died in a motorcycle accident that was the fault of another driver, you may want to consider pursuing a wrongful death claim against the negligent driver.
While there are many advantages to riding a motorcycle, it can also be extremely dangerous. As motorcycles have become more popular in recent years, motorcycle fatalities have been on the rise. According to the National Highway Traffic Safety Administration (NHTSA), 5,154 motorcyclists died in crashes in 2007, the highest number since the NHTSA started tracking motorcycle fatalities in 1975. The 2007 figure was a 6.6 percent increase from 2006, and a 144 percent increase from the low point for motorcycle fatalities in 1997.
About half of all fatal motorcycle accidents involved at least one other vehicle. In many of these cases, the accident was the result of negligence on the part of the other driver. If a loved one has died in a motorcycle accident that was the fault of another driver, you may want to consider pursuing a wrongful death claim against the negligent driver.
About Wrongful Death
While no amount of money can replace a person’s life, untimely deaths such as those in motorcycle accidents can place a large financial burden on the deceased’s next of kin. If the death occurred as the result of another driver’s negligence, the driver should be held financially responsible.
The law defines next of kin as an individual’s spouse, children, parents, and siblings. Any of the individuals is able to bring a wrongful death suit against a negligent driver. The next of kin can receive compensation for any of the following, depending on their particular circumstances:
• Medical expenses that accumulated prior to death
• Funeral and burial expenses
• Loss of support
• Loss of future income the deceased could have earned
• Loss of medical or retirement benefits
• Other monetary losses suffered as a result of the victim’s wrongful death
• Non-monetary damages, such emotional distress
Wrongful Death in Single-Motorcycle Accidents
As mentioned above, about half of motorcycle fatalities involve other vehicles. While the most common cause of wrongful death cases is the negligence of another driver, single-motorcycle accidents may also involve negligence and the driver’s next of kin may be compelled to file a wrongful death suit. Single-motorcycle accidents may be caused poorly-maintained road conditions or mechanical failures. Poor road conditions may include:
• Accumulated debris on the road
• Potholes
• Faded, obscured, or missing road signs
• Inadequate water drainage
Mechanical failures may include:
• Accelerators that stick or break
• Brake failure
• Seats that fail during normal use
• Tire blowouts
• Defective fuel system parts
If your loved one’s single-motorcycle accident involved either improperly maintained road conditions or mechanical failures, you may want to pursue a wrongful death suit against the government agency responsible for road maintenance or the motorcycle manufacturer.
