Motorcycle Accidents and Wrongful Death

The National Highway Traffic Safety Association (NHTSA) reports that motorcycle accident fatalities affect the families of over 4,500 cyclists each year. If the death was caused by the wrongful conduct or negligence of another person, this may constitute wrongful death, a branch of law that pertains to the survivors of the victim. In the event of such a tragedy, cyclists and their families should be aware of the laws pertaining to motorcycle accidents and wrongful death.

Wrongful Death

When a person dies as a result of another person’s wrongdoing or negligence, including defective product manufacturing or design, this is considered wrongful death. Wrongful death charges can be brought even if the cause of the accident was partially due to the cyclist’s actions. The victim’s family members (including parents, siblings, spouse, domestic partner, and children) are entitled to pursue damages, including:

Economic compensation for:

• Funeral and burial expenses
• Loss of income and medical and retirement benefits from the deceased
• Medical expenses prior to the death
• Loss of household and child rearing support

Non-economic compensation for:

• Loss of support, companionship, and affection
• Loss of consortium

Punitive damages if the automobile driver was intoxicated.

What to do after a Motorcycle Fatality

If you believe your family member’s death was caused by someone else’s actions or negligence, it is important to act promptly and hire an experienced motorcycle accident attorney. This is because of statutes of limitations, which limit the amount of time after the accident or death during that a plaintiff has to bring wrongful death charges. Acting promptly will also assure that the accident investigation and reconstruction is performed as soon as possible.

Locate a Motorcycle Accident Attorney

If your loved one is killed in a motorcycling accident, you need an experienced attorney on your side while you deal with this tragedy. Locate an experienced attorney near you to represent your case and make sure your family receives the compensation you deserve.

The New York personal injury lawyers of Proner & Proner have experience handling motorcycle accident cases.