The sudden loss of a loved one due to a motorcycle accident can be heartbreaking. If you discover that another person’s negligent actions caused the crash, the pain can be a lot worse. The knowledge that their death was preventable, combined with feelings of anger and grief, can be overwhelming. This deluge of intense emotions can strongly affect your ability to make the necessary decisions.
In fact, it is not unusual for individuals to want to seek retaliatory measures. However, retaliation can get you in trouble. This is why you should contact a lawyer experienced with fatal motorcycle accidents in Duluth. At Barrios Virguez Attorneys, our compassionate motorcycle crash attorneys understand your pain and can help you seek justice. You can contact us today to discuss your case.
What Are the Common Causes of Fatal Motorcycle Crashes?
Fatal motorcycle wrecks in Duluth are often caused by one or more of the following:
- Driver error, such as a motorist’s failure to see the motorcyclist while executing a left turn
- Driving under the influence of alcohol or other illicit substances
- Excessive speeding
- Reckless driving behavior, such as tailgating a biker or engaging in road rage activities
- Dooring, where a vehicle occupant opens a door directly into the path of a motorcyclist
- Distracted driving activities, such as texting or operating a mobile device while driving
- Bad road infrastructure, such as potholes
The risk of death in these situations is high because motorcyclists lack the protection and safety features of an enclosed passenger vehicle. They are exposed and far more likely to suffer direct bodily harm from impact with other vehicles or hard surfaces.
Filing a Wrongful Death Claim After Losing a Loved One in a Motorcycle Accident
Unlike in personal injury cases, where the injured person has to file a claim, wrongful death claims are filed by the decedent’s relatives. However, not all relatives can bring a wrongful death action after a Duluth motorcycle crash.
Under state law, as outlined in Georgia Code § 51-4-2, only the deceased’s spouse, child (if no spouse), parents (if no spouse or child), or estate executor (if no surviving family members) can do so.
Recoverable Damages from Fatal Motorcycle Collision
Legally designated relatives can bring wrongful death suits to recover losses from the parties responsible for their loved one’s death. The value of recoverable compensation depends on several factors.
The first is financial losses, such as medical expenses, burial costs, and other bills associated with the deceased’s injuries or illness before they died. The second is based on the perceived or calculated value of the deceased’s life had they not succumbed to their injuries.
This typically covers lost income, benefits, and services that they would have earned and provided for their loved ones. Additionally, there may be consideration for loss of counsel, care, and companionship that they would have provided to their loved ones if they had lived.
A third and often rare factor is punitive damages. This is only awarded to surviving family members if there is proof that the at-fault party acted with malicious intent or reckless carelessness.
In Georgia, wrongful death claims must be filed within two years of the deceased’s passing. After a fatal motorcycle accident, our experienced Duluth lawyer can explain the entire wrongful death process and your available legal options.
Contact Our Attorneys in Duluth After Losing a Loved One in a Fatal Motorcycle Crash
When wrongful death claims are filed by relatives of individuals killed in fatal motorcycle accidents in Duluth, they can provide some sense of justice. While it will not bring back your loved one, a settlement may mean you never have to worry about money.
Our attorneys are here to help, so you and your family can focus on recovering. Barrios Virguez Attorneys can explain your options and the legal process. Contact us and schedule a free consultation to discuss your case.
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