Fatal Motorcycle Accident
Motorcycle accidents are becoming alarmingly more frequent on our nation's roads and highways.
According to the Insurance Information Institute, there were 5,014 motorcycle fatalities in 2019. The majority of these accidents were caused by negligent or reckless motorcyclists who fail to see or yield to motorcycles.
Was your loved one killed in a fatal motorcycle crash? The personal injury lawyers at Rosenfeld Injury Lawyers, LLC, are legal advocates for victims and surviving families harmed by the reckless or negligent actions of others.
Contact our Chicago motorcycle accident lawyers today at (888) 424-5757 (toll-free phone call) or use the contact form now to schedule a free consultation.
A Rise in Motorcycle Accidents
It could be said that the rise in these numbers is due to the increase in motorcycles. But it is also because many motorcycles do not have safety features, and motorcyclists often do not follow the rules of the road.
In some cases, the other vehicle may be at fault. For instance, if a motorcycle rider bumps into another vehicle, it could be because the individual in the other vehicle was speeding or not following the traffic rules.
Are you or your loved one a victim of a motorcycle accident? Contact our law firm to help you get the compensation and justice you deserve. Our lawyers specialize in accidents and fatalities caused by motorcycles.
Common Types of Motorcycle Accidents
A fatal motorcycle accident is a motorcycle crash in which someone loses their life. While there are many motorcycle accidents in which people only get injured, some ultimately lead to death. Depending on the severity of the impact and how badly they are injured, the motorcyclist could also die instantly from the force of the impact.
The most common type of motorcycle collision is when a car turns in front of a motorcycle while the motorcycle is going straight, such as at an intersection.
It is often because the driver simply did not see the motorcycle and was too close to it by the time they could hit the brake. Other times, they may have been distracted or simply failed to yield the right of way to the motorcycle.
Such a situation is especially dangerous because the motorcycle does not have any external protection like a car. The motorcyclist is completely exposed and vulnerable in a collision.
Rear-End Motorcycle Crashes
Another common type of fatal motorcycle wreck occurs when a car rear-ends a motorcycle. It happens because the car was following the motorcycle too closely and couldn't hit the brake when needed.
These motorcycle crashes can also be caused by the car drivers being distracted or simply not paying attention to the road.
Speeding is often a factor in fatal motorcycle crashes. Speeding makes it more difficult for the driver to control the vehicle and increases the severity of the crash if there is one.
Motorcyclists are also more likely to be involved in a single-vehicle crash than car drivers. It mainly occurs because motorcycles are less stable than cars and can easily lose control on a turn or bump in the road.
What Might Be Compensated for in a Wrongful Death?
If a loved one of yours was killed in a collision involving a motorcycle, you could claim damages in a wrongful death lawsuit. Besides physical injuries, you might also be compensated for mental anguish. You may be able to receive compensation for the following:
- Loss of Income: First and foremost, the death of a loved one can lead to a substantial loss of income. If the person who died on account of the collision was the primary earner in the household, their death could have a significant financial impact on you and your family. In addition, you may be able to recover damages for the loss of income the person would have provided.
- Loss of Companionship: You could also recover damages for the loss of companionship. It includes the love, comfort, society, and affection that your loved one provided.
- Loss of Parental Guidance: If you are a child who has lost a parent in the collision, you may be able to recover damages for the lost parental guidance.
- Mental Anguish: Finally, you may be able to recover damages for the mental anguish and emotional distress caused by the death of a person. It can include depression, anxiety, grief, and other forms of mental suffering.
Such crashes also often involve another vehicle, which means a car or a nearby motorcycle may have got damaged in the collision. When such accidents happen, call the police immediately, if possible.
The police often determine who is at fault while investigating the accident scene. Law enforcement will note the facts of the case and write the determinations in the police report. It's important to have even the smallest bit of information since it can make a lot of difference in the way to winning your case.
Who Is at Fault in a Motorcycle Accident?
If someone riding a motorbike is involved in an accident, there are a few different ways that fault can be determined. In some cases, both drivers may be at fault, while in other cases, only one driver may be held responsible, depending on who puts the other person at risk.
Another factor that can contribute to who is at fault in such a collision is whether or not one or more drivers were speeding. Excessive speed is one of the most common contributing factors to accidents, regardless of the type of vehicle involved.
If a motorcycle rider is speeding and crashes into a person or vehicle, causing a situation in which a person is killed, they may be held fully or partially at fault.
In some cases, both drivers may be at fault for motorcycle crashes. For example, if both drivers were speeding, or if one of them was speeding and the other was not wearing a helmet in states that require helmet use, both drivers may be held responsible for the accident.
It is important to note that the case is not always black and white. That's why families of the victim should work with an attorney who knows the rights of these victims. They should focus on protecting your rights while getting you the rightful compensation after determining the facts of the case.
Not Wearing a Helmet
Many crashes involve a motorcycle rider not wearing a helmet. In many states, it is required by law that all motorcyclists wear helmets while operating their vehicles. If motorcyclists do not wear helmets, they are fined.
If a motorcyclist is not wearing a helmet and is involved in a collision, they may be held partially or fully at fault for the the financial costs of their injuries.
When to Get in Touch With a Lawyer
If your loved one was killed in a motorcycle accident, contact a lawyer from our law office today. Don't wait too long, as you may not have enough time left to file a case as per your state's statute of limitations.
Contact Rosenfeld Injury Lawyers, LLC today at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation.
All confidential or sensitive information you share with our experienced lawyer remains private through an attorney-client relationship.
Our personal injury lawyers accept cases on a contingency basis, meaning no upfront fees are paid to our legal teams until your case is resolved.