Laws dictating who can sue after a fatal motorcycle accident vary from state to state. That said, eligible parties usually include the deceased’s spouse, children, parents, and personal representative.
If you lost a loved one in a preventable motorcycle crash, a motorcycle accident lawyer can help you file a claim and obtain compensation.
Who Can Sue After a Fatal Motorcycle Accident?
The answer as to who can sue after a fatal motorcycle crash depends on the wrongful death laws in the state where the accident occurred.
Commonly eligible parties include:
- Spouses: A surviving husband or wife is usually one of the primary individuals entitled to file a wrongful death claim. Spouses may seek compensation for financial losses, loss of companionship, and other damages resulting from the death.
- Children: Biological and legally adopted children are often eligible to pursue compensation for the loss of a parent. This can include financial support the parent would have provided and loss of parental guidance.
- Parents: If the deceased motorcyclist was unmarried and had no children, parents may have the right to bring a claim. Some states also allow parents to sue even when other relatives exist.
- Personal representatives of the estate: In many states, the executor or administrator of the deceased person’s estate files the lawsuit on behalf of surviving beneficiaries.
- Other dependents or relatives: Certain states extend eligibility to siblings, grandparents, domestic partners, or individuals who were financially dependent on the deceased.
Can Multiple Family Members Receive Compensation?
Yes, in many wrongful death cases, compensation is distributed among several surviving family members. The exact distribution depends on state law, each person’s financial dependence on the deceased, and the extent of each person’s losses.
For example, damages may be allocated among:
- A surviving spouse
- Minor children
- Adult children
- Parents
- Other eligible beneficiaries
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person’s death is caused by another party’s negligent, reckless, or intentional actions. The purpose of a wrongful death lawsuit is to compensate surviving family members for the losses they have suffered because of the fatal accident. It is separate from any criminal charges that may be brought against the at-fault party.
You may have grounds for a wrongful death claim if your loved one’s death was caused by:
- Distracted driving
- Drunk driving
- Speeding
- Failure to yield
- Unsafe lane changes
- Defective vehicle components
- Dangerous road conditions
What Is a Survival Action?
A survival action seeks compensation for damages the deceased person could have recovered had they survived the accident. Instead of compensating family members for their losses, a survival claim focuses on losses suffered by the victim before death. Potential damages include medical bills, lost wages between the accident and death, and pain and suffering before death.
The proceeds from a survival action are typically paid to the deceased person’s estate and distributed according to state law or the terms of a will. Depending on the circumstances, both a wrongful death claim and a survival action may be pursued simultaneously.
What Happens If the Motorcyclist Was Partially at Fault?
Many fatal motorcycle accidents involve disputes over fault. Insurance companies frequently attempt to argue that the motorcyclist contributed to the accident by speeding, lane splitting, failing to wear reflective gear, making unsafe maneuvers, or violating traffic laws.
Even if your loved one is found to be partially responsible for the accident in which they died, you and your family may still be able to recover compensation. Your ability to do so will depend on your state’s comparative negligence laws and the percentage of fault your loved one is assigned.
Even if your loved one was partially responsible for the accident, your family may still be able to recover compensation under California’s pure comparative negligence rules. However, any recovery may be reduced by the percentage of fault assigned to your loved one.
However, your total compensation will be reduced by your loved one’s percentage of fault.
How Long Do You Have to File a Wrongful Death Lawsuit?
Every state imposes a different deadline for wrongful death claims, known as the statute of limitations. While the filing period for these claims typically ranges from one to three years, it can be affected by several factors, including:
- Whether a government entity is involved
- The age of the beneficiaries
- When negligence was discovered
Failing to file before the applicable statute of limitations expires can result in your case being dismissed.
Who May Be Held Liable for a Fatal Motorcycle Accident?
Depending on the circumstances of the accident, parties who can be held liable for a fatal motorcycle crash include:
- Negligent drivers
- Commercial trucking companies
- Employers of at-fault drivers
- Vehicle manufacturers
- Motorcycle parts manufacturers
- Government agencies responsible for road maintenance
- Construction contractors
- Property owners
Contact a Wrongful Death Attorney
The process of building and filing a legal claim can be stressful, especially if you are grieving the loss of a loved one. An experienced wrongful death attorney from Sweet James can confirm your eligibility to pursue compensation and help with every aspect of your case so you can focus on being with your family.
Schedule a free case review to learn more about your legal options.
