Can Families File a Wrongful Death Claim After a Fatal Motorcycle Accident?

Families can file a wrongful death claim after a fatal motorcycle accident in a wide range of circumstances. If your loved one’s death was the result of someone else’s negligence or any other factor beyond your loved one’s control, your family may be entitled to financial compensation under Texas law. To find out if your family has a claim, you should speak with an experienced Dallas fatal motorcycle accident lawyer promptly.

Texas has more fatal motorcycle accidents than almost any other state in the country. Each year, hundreds of riders tragically lose their lives under circumstances that could (and should) have been avoided. If you have tragically lost a loved one, it will be worth finding out if your family has grounds to file a wrongful death claim under Texas law.

In Texas, grieving families can file wrongful death claims in a wide range of circumstances. An experienced Dallas fatal motorcycle accident lawyer will be able to assess your family’s legal rights and help you make informed decisions about your next steps. Filing a wrongful death claim after a fatal motorcycle accident allows family members to seek accountability and closure—and recovering financial compensation can be critical for managing family members’ financial and non-financial losses going forward.

When Can Family Members File a Wrongful Death Claim for a Fatal Motorcycle Accident?

Filing a wrongful death claim after a fatal motorcycle accident requires evidence of why the accident happened. Despite common misconceptions about riding, most fatal motorcycle accidents are not the rider’s fault. Instead, most fatal motorcycle accidents result from factors such as:

• Driver Negligence – Speeding, tailgating, running red lights and stop signs, and driving while distracted are all among the leading causes of fatal and non-fatal motorcycle accidents.
• Motorcycle Defects – Motorcycle defects can cause even the most skilled riders to suddenly lose control. They can also prevent riders from doing what is necessary to avoid a collision.
• Ineffective Safety Gear – Ineffective safety gear (including motorcycle helmets that do not meet DOT or Snell standards) can also unnecessarily put riders’ lives at risk.
• Road Hazards – While they may be nothing more than inconveniences for drivers, road hazards such as potholes and debris can pose serious, even fatal, risks for motorcycle riders.
• Corporate Negligence – Hiring unqualified drivers, failing to maintain commercial trucks, and other forms of corporate negligence can (and do) lead to fatal motorcycle accidents as well.

All of these factors can give rise to wrongful death claims under Texas law. Once you hire an experienced Dallas fatal motorcycle accident lawyer to represent your family, your family’s lawyer will be able to conduct a comprehensive investigation and determine who (or what company) deserves to be held accountable for your loved one’s death.

How Do You File a Wrongful Death Claim for a Fatal Motorcycle Accident?

Once your family’s lawyer has conducted an investigation and preserved the evidence that is available, filing a wrongful death claim will most likely involve dealing with the liable party’s insurance company. Automotive liability and commercial liability insurance policies both cover fatal motorcycle accidents; and, while grieving families can take their claims to court if necessary, most successful claims result in out-of-court settlements.

FAQs: Wrongful Death Claims Involving Fatal Motorcycle Accidents in Texas

How can I prove my loved one’s fatal motorcycle accident was someone else’s fault?

Proving that your loved one’s fatal motorcycle accident was someone else’s fault may require various forms of evidence depending on the circumstances involved. Traffic camera footage, helmet camera footage, forensic evidence, eyewitness testimony, drivers’ receipts and cell phone records, and other evidence can all be used to establish liability in relevant circumstances. Once you hire an experienced Dallas fatal motorcycle accident lawyer to represent your family, your family’s lawyer will be able to determine what evidence is available.

How much compensation can family members recover for a fatal motorcycle accident in Texas?

The compensation available in a fatal motorcycle accident case also depends on the circumstances. While grieving families are generally entitled to compensation for their out-of-pocket costs, loss of income and inheritance, and other financial and non-financial losses, every case is unique. An experienced Dallas fatal motorcycle accident lawyer will be able to provide an assessment of the losses your family is entitled to recover.

Who can file a wrongful death claim in Texas?

In Texas, the surviving spouse, children, and parents of the deceased are eligible to file a wrongful death claim after a fatal motorcycle accident. The deceased’s personal representative can also file a survival claim on behalf of the estate.

How Our Law Firm Helps Grieving Families in Texas

While family members can try to deal with the insurance companies on their own, there are several important reasons to work with an experienced lawyer who has your family’s best interests in mind. Among other things, filing a successful claim will require:

• Clear and comprehensive evidence of why the accident happened
• Documentation of your family’s out-of-pocket losses
• Documentation of the lost earnings resulting from your loved one’s untimely death
• Proof of the non-financial consequences of the accident (i.e., loss of companionship and consortium)
• The ability to deal with the insurance companies effectively

Our lawyers are committed to helping grieving families after fatal motorcycle accidents. We know what it takes to prove families’ legal rights, and we know what to expect when dealing with the insurance companies. We can make sure the insurance companies do not take advantage of your situation, and we can provide the legal advice and representation you need to avoid settling for less than your family deserves.

Speak with an Experienced Dallas Fatal Motorcycle Accident Lawyer for Free

If you need help protecting your family’s legal rights after a fatal motorcycle accident in Texas, we offer our sincere condolences, and we strongly encourage you to get in touch. Call us at 469-240-3471 or contact us online to arrange a free consultation today.