Pursuing a Wrongful Death Claim After a Motorcycle Crash

When someone is killed in a motorcycle crash, the surviving family members are often left facing overwhelming grief and significant losses caused by their loved one’s death. Massachusetts law allows certain surviving family members to recover compensation by filing wrongful death claims when their loved one’s death was caused by the negligent or wrongful actions of someone else. Scroll down to learn what you need to know about pursuing a wrongful death claim after a motorcycle crash.

Wrongful Death Claim Following a Motorcycle Crash

The Massachusetts wrongful death statute is found at Mass. Gen. Laws Ch. 229, § 2. Under this law, the administrator or executor of the victim’s estate can file a wrongful death lawsuit against the negligent party on behalf of the victim’s surviving family members. Any compensation recovered through the wrongful death claim will be paid into the estate for the benefit of the victim’s beneficiaries, including the following parties:

• Surviving spouse
• Surviving child(ren)
• Surviving parent(s)
• Surviving sibling(s)

The decedent’s surviving spouse is the first beneficiary. However, if the victim was unmarried, the compensation obtained from pursuing a wrongful death claim following a motorcycle crash would go to the children. If there are no children, the compensation would go to the parents. If the victim doesn’t have surviving parents, the money will go to the victim’s surviving siblings. Finally, if the victim doesn’t have surviving siblings, any compensation recovered through the claim will be for the benefit of the decedent’s next of kin.

Proving a Wrongful Death Lawsuit

To recover compensation, the executor or administrator will have to prove the accident was caused by the other involved party’s negligence. They will have to present evidence showing each of the following legal elements by a preponderance of the evidence:

• The defendant owed a duty of care to the victim.
• The defendant acted in such a way that the duty of care was violated.
• The defendant’s breach of the duty of care caused the motorcycle accident.
• The victim’s death resulted from the crash.
• The family suffered calculable damages because of the victim’s death.

An experienced motorcycle accident lawyer can help by investigating what happened and gathering evidence to prove the claim. In many cases, an attorney might be able to secure a favorable settlement without having to go through litigation, but a lawyer should be prepared to litigate in court through trial if necessary.

Common Causes of Fatal Motorcycle Accidents

Motorcycle accidents can happen in many ways. However, many motorcycle crashes are caused by the negligence of either the motorcyclist or the other motorist. The most common causes of fatal motorcycle crashes caused by negligent driving behavior include the following:

• Distracted driving
• Drunk or drugged driving
• Speeding
• Following too closely
• Inadequate surveillance
• Poor road maintenance
• Defective bike components
• Defective motorcycle helmets
• Failure to wear a motorcycle helmet

The sad reality is that most motorcycle crashes are preventable. While many people think that the motorcyclist is typically at fault, this is not the case. According to findings in a landmark report commissioned by the National Highway Traffic Safety Administration (NHTSA), the other motorist was at fault in 67 percent of the motorcycle crashes included in the study.

Damages

The damages in a wrongful death motorcycle accident claim will vary based on the facts. Some of the potential damages that might be recovered include the following:

• Loss of the financial support the victim would have provided to the family if they had lived
• Medical expenses to treat the victim’s injuries from the time of the accident until they died
• Funeral and burial expenses
• Loss of consortium, companionship, and guidance

In some cases, punitive damages might be awarded. However, they are only awarded in cases in which the defendant’s actions were outrageous because they are designed to punish defendants rather than compensate plaintiffs. If awarded, punitive damages are paid in addition to compensatory damages.

Talk to a Motorcycle Accident Attorney

If your close family member was killed in a motorcycle crash caused by someone else, you should reach out to the experienced attorneys at Ellis & Associates. The administrator or executor of your loved one’s estate might have the right to file a claim to recover compensation for you. Call us for a free consultation today at 800-MR-ELLIS or send us a message online.