While they are excellent modes of transportation, motorcycles do not offer any protection during a collision, and accidents are often fatal. Hundreds of motorcyclists die on California roads each year, many in preventable collisions in San Mateo.
When you lose a loved one in a motorcycle accident, you immediately focus on your grief and funeral arrangements. In addition, you must also consider the legal ramifications and hold negligent parties responsible for the unimaginable loss.
All San Mateo motorists owe each other a duty of care. When there is a breach of the duty of care, it can be deadly for motorcyclists. After a fatal motorcycle accident, you should contact a motorcycle accident lawyer about your claim. Our team has recovered millions for our clients with devastating losses, and we are ready to help you.
Drivers Have a Responsibility to Motorcyclists
Drivers will often use the excuse that they did not see a motorcyclist to try to avoid liability. Ignorance is not a defense because all motorists are responsible for looking and staying aware of those around them, including motorcycles and bicycles. Drivers must pay attention to the road at all times, and when they do not, it causes fatal accidents. Motorcyclists must follow the rules and stay alert themselves, but they are not responsible for drivers’ actions.
Most motorcycle accidents are preventable, which makes it more traumatizing when a loved one dies. Drivers have a slew of distractions, and they are responsible for avoiding them and paying attention to the road.
They should never drink and drive or use a cell phone because that leads to accidents. When drivers are negligent and violate the law, they do a disservice to everyone around them. When you bring a wrongful death claim, you must demonstrate how the driver was negligent in causing the fatal crash.
How Do Fatal Motorcycle Accidents Happen?
It doesn’t take much for a driver to cause a fatal motorcycle accident.
Some common causes of motorcycle accidents include:
- Distracted driving
- Drunk driving
- Improper lane changes
- Recklessness
- Tailgating
- Left-hand turns without yielding
- Running red lights
Accidents can happen on local streets or interstate highways. When an accident occurs on a highway, there are higher chances for fatalities because of the higher rates of speed.
If another driver caused your loved one’s fatal crash, they should be liable for your family’s losses. Always seek a legal evaluation from a wrongful death lawyer who handles motorcycle accident claims. Our attorneys know that drivers regularly try to blame motorcyclists for their collisions and loss of life, and we fight back to prove liability on the part of the driver or other parties.
Building a Wrongful Death Case After a Motorcycle Accident
A wrongful death happens when a negligent or wrongful party causes the fatality. There is the possibility that the negligent party can face criminal charges, especially if they were drinking or driving recklessly. However, a wrongful death action is separate from a criminal case, as it takes place in civil court.
The police report might indicate who was likely negligent and should pay for the losses from the accident, but this report does not show the entire picture. You will need a San Mateo fatal motorcycle accident lawyer to investigate the incident and identify all relevant issues. This includes how the driver was negligent and whether others might share liability for your loved one’s death.
A law firm investigation is vital to a wrongful death claim because it will show evidence overlooked in the preliminary police investigation. We will look at skid marks, witness reports, and black box data for additional information for your claim. We build a case to prove liability and the losses your family suffered.
Galine, Frye, Fitting & Frangos has a proven track record of looking past the biases against motorcyclists and obtaining total compensation for victims’ families. We will move quickly to get experts to the scene to investigate and look for evidence the police missed. We will also look for witnesses who are not on the police report but can benefit your claim. Our fatal motorcycle accident lawyers will look for any evidence that can prove your claim.
California Wrongful Death Laws
Wrongful death claims are different from personal injury cases in several ways. The law allows certain parties to seek damages for wrongful death, including the surviving spouse or children. In some cases, a parent or another party might bring the claim.
These cases seek compensation for a family’s losses from a tragedy, which can include:
- Lost financial support of the deceased
- Lost benefits or gifts from the deceased
- Lost household services
- Burial and funeral expenses
- Loss of love and companionship
- Loss of guidance
- Loss of intimacy
Many of these are intangible losses, and you want our lawyers to calculate how much your family should seek for your wrongful death claim.
Even if you can prove liability for the fatal crash, you can expect the insurance company to challenge the extent of your losses. We always advise when a settlement offer is inadequate and negotiate for the maximum compensation available in your case.
Hire a Fatal Motorcycle Accident Lawyer in California
Our fatal motorcycle accident lawyers help the surviving family handle the financial burden the death of a loved one causes. It is of the utmost importance to our firm to work diligently to hold negligent parties accountable. Galine, Frye, Fitting & Frangos want to protect your family’s legal rights, so you have the time to grieve your loved one. The goal is to get surviving family members total compensation in every case.
While the settlement will ease some financial burdens, it does not erase the emotional turmoil you feel. The insurance company might have a bias against motorcyclists, and you will need a solid case to ensure they do not paint your loved one as a dangerous or reckless driver. Our personal injury lawyers can help you build the strongest case possible.
After a motorcycle accident, contact Galine, Frye, Fitting & Frangos for a free case evaluation at (650) 345-8484. We will show that your loved one is the victim by presenting solid evidence in your favor whenever possible.