Fatalities from Motorcycle Accidents
When a motorcyclist is killed in a motorcycle wreck, their families may bring a wrongful death claim against the responsible party. Fatalities from McKinney motorcycle accidents may be the result of the negligence of a third party or on occasion or because the motorcycle malfunctions in some way which causes the death of the rider. In both situations, a wrongful death action is possible.
When negligence plays a role in any wrongful death situation, it will be prosecuted in the same way as a personal injury claim for negligence. The most notable difference between fatal motorcycle cases and other wrongful death claims is there there is often a proclivity among jurors oftentimes to hold the motorcyclist partially accountable for the wreck. As a result, it is essential that a lawyer define the negligence of all parties, so that they can prevent the jury from putting fault on the motorcyclist, especially when the motorcyclist has done everything they should have done to stay safe.
Motorcycle manufacturers, just like automobile manufacturers, have a duty to make the vehicles as safe as they can within the limits of the current technology that is available. There is an entire area of law that has developed over the last 75 or 80 years called crashworthiness.
Crashworthiness involves building and designing a vehicle with the express understanding that the vehicle will be involved in a crash. Motorcycle manufacturer’s know that their products are going to be in wrecks, so they try to design them to be as safe as possible.
With motorcycles, that presents unique challenges simply because there is no safety compartment to protect the rider. As a result, crashworthiness for motorcyclists is a little more difficult to establish than for passenger cars. Still, attorneys brought claims for things like defective brakes, buggy software, and faulty throttles.
Damages in a Motorcycle Wrongful Death Claim
In Texas, wrongful death actions are governed by Chapter 71 of the Civil Practice and Remedies Code. State law outlines wrongful death beneficiaries, certain statutory people who have a right to bring an action for damages following an individual’s death. Potential beneficiaries include the spouse, the parents and the children of the deceased
A beneficiary could bring an action for their loss of care, comfort and society, as well as for any economic losses that they experienced as a result of their loved one being killed. For instance, if one spouse is supporting the other one and the breadwinner is killed in a motorcycle accident, the surviving spouse can bring an action for the amount of income that was being brought in and the length of time that that income would have likely continued had the spouse not been killed.
Hiring a Wrongful Death Attorney to Assist with a Fatal Motorcycle Accident
If your loved one has been killed in a motorcycle collision, you have the right to file a wrongful death claim against the negligent party that caused the crash. A skilled wrongful death lawyer who has experience with fatalities from McKinney motorcycle accidents could help collect evidence, depose witnesses, and build a comprehensive demand package to recover compensation. When you are ready, contact a lawyer to schedule a consultation.