Fatal Motorcycle Accidents

Attorney Michael Grossman Explains What to Do If a Family Member has Died in a Motorcycle Accident

In both Texas and Arkansas, hundreds of thousands of people hit the roads every day on the backs of motorcycles. Considering the inherent danger in riding a motorcycle, fatal motorcycle wrecks are a tragic but inevitable certainty. People can die in motorcycle wrecks for a variety of reasons from mere momentary distractions to reckless and grossly negligent driving and even drunken driving.

When you’ve lost a love one in a fatal motorcycle accident, don’t assume your loved one was at fault for the wreck just because he or she was riding a motorcycle. Not every motorcycle rider is a reckless biker who stepped out of the movie, The Wild Ones. In many cases, some other party besides the motorcyclist causes or contributes to the cause of a fatal motorcycle accident, leaving the victim’s loved ones with legal repercussions to seek financial compensation for their loved one’s death.

But, how can you know if you have the right to a legitimate wrongful death lawsuit after your family member has been killed in a motorcycle wreck? You need to consult with a skilled and experienced fatal motorcycle accident attorney. At Grossman Law Offices, Michael Grossman and his team of associates have been handling wrongful death situations involving motorcycle accidents and other types of fatal incidents for 20 years. We know your family is likely devastated by the loss it has suffered, and we want to help you bring the responsible party to justice. First, we want to provide you with this informative article to give you a better idea of the legal concepts involved with a wrongful death lawsuit involving a fatal motorcycle accident. However, this article is not a suitable replacement for the assistance of a trial-tested wrongful death lawyer who knows the specific circumstances of your loved one’s death. If you would like to discuss your case with a trained professional, call 1-855-589-5645 (toll free) for a free consultation.

What Makes Motorcycle Accidents Unique

Most glaringly, motorcycle wrecks differ from car wrecks in that the victims are far more likely to suffer fatal injuries in motorcycle accidents. In Texas, the Department of Transportation reports that two-third of all motorcycle wrecks result in the rider suffering serious injury or death. In 2009, in Texas alone, 434 motorcycle riders were killed in wrecks, making up 14 percent of the total roadway fatalities in the state. In Arkansas there are far fewer people, so there are far fewer motorcyclists and motorcycle accidents. Only 70 people died in motorcycle accidents in 2009 in the Natural State. The reason for these high fatality rates in motorcycle accidents is fairly easy to construe – motorcyclists are afforded much less protection than the drivers and passengers of standard motor vehicles, leading to a much greater tendency to suffer serious and life-threatening injuries in accidents. The open nature of a motorcycle makes it almost a certainty that the rider will be ejected from the bike when it makes contact with another vehicle, turning the biker into a dangerous projectile that often turns fatal for the rider whether or not he or she was wearing a helmet. However, the high fatality rate in Texas and Arkansas is likely compounded by the fact that state law in both states only requires helmets to be worn by minors under the age of 21. Anyone who is over 21, has insurance, and completes a rider safety course can legally ride a motorcycle without a helmet.

The increased likelihood of serious injuries and deaths in motorcycle accidents on top of bringing serious consequences to the victim’s family also makes recovery of adequate compensation much more challenging. With more money to lose in paying off benefits to the family, the insurance company is that much more likely to throw its best effort into trying to deny the claim or convince the grieving family to accept far less than it is due for the loss it has suffered. Many people who don’t seek the help of a lawyer are too blinded by their mourning to be able to tell the difference between a fair settlement and one that takes advantage of them. In order to get the full and maximum value of the restitution your family is due for the loss it has suffered, you need the guidance of a wrongful death attorney with extensive experience handling fatal motorcycle accident litigation.

When Do I Have the Right to Seek Compensation?

In order for your family to have the right to pursue a wrongful death lawsuit after your loved one has been killed in a motorcycle accident, you must be able to prove that a party or parties other than your loved one were at least 51 percent to blame for the fatal wreck. To do so, you must be able to prove the fatal accident contained three essential component elements: duty, breach, and causation.

• Duty - All people owe each other some form of reasonable duty to provide for each other’s well-being when they interact. Exactly what is considered a reasonable duty relies upon the given situation. In terms of a motorcycle wreck, both the motorcycle rider and the other driver(s) have the duty of operating their vehicles with concern for the well-being of those around them. However, those aren’t the only duties involved – the manufacturer of the bike and its parts has the duty of providing properly made and functioning products, and in the event of a drunken driving accident, the drinking establishment had the duty of serving the drunken driver or rider responsibly.
• Breach - A breach occurs when someone ignores his or her required duty. For example, when a defective bike is sold to a rider, or when the driver of another car runs a stop sign.
• Causation - The breach of duty either causes or contributes to the cause of an accident. In other words, the defect in the bike caused it to fail, leading to a fatal spill, or the driver running through the stop sign led to the fatal collision.

Common Cause of Fatal Motorcycle Accidents

There are several different causes that commonly lead to fatal motorcycle accidents. For example:

• Drunken Driving
  Wrongful death lawsuits are often filed when a drunken driver causes a fatal motorcycle accident. However, the defendants are not limited to a drunken driver of another car. The family of a motorcyclist killed in a drunken driving accident can also pursue a wrongful death lawsuit against the drinking establishment that over-served the drunken driver, depending upon the circumstances of the accident. This is even the case when the motorcyclist was the intoxicated party. Drinking establishments have the duty of serving their patrons responsibly, and if they negligently over-serve a patron who has already become noticeably drunk, and that patron later causes a drunken driving accident, then the bar or restaurant is at least partially liable for the wreck. When the motorcyclist is the drunken party, then a first party dram shop claim can be sought against the drinking establishment, but if the other driver was intoxicated, then a third party dram shop claim can be brought against the bar or restaurant in addition to the wrongful death lawsuit against the driver. Proving the drinking establishment was negligent in its service, however, requires the deft touch of a well-seasoned drunken driving accident attorney who knows the standards of proof and how to meet them. At Grossman Law Offices, we’ve been handling drunken driving litigation for just as long as we’ve been dealing with fatal motorcycle accidents. If a bar or restaurant played a role in your family member’s death, then we will make sure they are brought to justice.
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• Motorcycle Product Liability
  If a car suffers a defect, the result is usually that the car gets into a wreck injuring the occupants. However, when a motorcycle is faulty, the results can be catastrophic for the rider. Well-built and maintained motorbikes are already dangerous, but when someone goes wrong with the bike, the rider is in grave danger. Nowadays, many motorcycle are on the roads are thrown together by small boutique shops that don’t test their vehicles like Harley-Davidson or Kawasaki would. Thus, some bikes cause fatal accidents due to flaws in design or inadequate parts. When the motorcycle or a part used on the bike causes a fatal motorcycle accident, then the surviving loved ones have the right to pursue a product liability lawsuit against the maker of the faulty bike or part. If a component of the bike that was sold by the manufacturer was the fatal flaw, then the victim’s family, also known as the plaintiffs, may seek product liability lawsuits against both the maker of the bike and the maker of the part. Knowing that the manufacturer was liable for an accident isn’t enough to prove a product liability lawsuit. You will need a skilled investigator to find the proof needed to show the manufacturer was to blame, and then you will need a clever attorney to use the evidence to convince the jury of the manufacturer’s liability, or strong-arm the maker of the defective bike or part into a fair settlement. Moreover, you need a lawyer who knows how to lockdown and catalog all of the evidence so it will be admissible at trial if need be.
• Motorcycle Maintenance and Misrepresentation of Condition
  Fatal motorcycle accidents sometimes also happen due to poor maintenance of a motorcycle or misrepresentation of the state of a motorcycle when it is sold. Motorbikes are intricate pieces of machinery, and many motorcycle mechanics are little more than hobbyists who’ve decided to go pro. Thus, maintenance errors are fairly common in motorcycle accidents. As with a part that is defective by design or assembly, a motorcycle that has not been adequately maintained can quickly lead to a fatal accident. In addition, as mentioned, boutique motorcycle makers have become very trendy in recent years. In some cases, someone will attempt to sell a motorcycle that is not in safe working condition, even going so far as to attempt to conceal the defect. We recently represented a man who had been sold a motorcycle that had an improperly attached radiator, a cracked triple tree, and a damaged frame that had been concealed with pain and body filler.

When it comes to any fatal motorcycle accidents, any number of parties or combination of parties may have caused the accident. In order to bring them all to justice, the plaintiffs need a time-tested fatal motorcycle accident attorney investigating the case and then using the evidence found to seek a wrongful death lawsuit. When more than one party is to blame, experience is required to know how to adequately divide the amount of damages owed among each liable entity.

What Compensation is My Family Entitled to Pursue After a Fatal Motorcycle Wreck?

If a loved one has been wrongfully killed in a motorcycle accident, then your family may seek both wrongful death damages and survival damages in one comprehensive lawsuit. In Arkansas, the family must appoint a single individual to act as the personal representative of the estate before moving forward with the wrongful death lawsuit, but Texas doesn’t mandate a similar requirement.

After someone you love has died, we know that it may feel unseemly to be thinking about money. However, the financial devastation left by the death of a loved one, particularly when that loved one is the primary wage earner for the family, can be just as great as the emotional turmoil. While time is the only thing that can heal your anguish and sense of loss, a wrongful death lawsuit can alleviate your financial woes right now. Moreover, in many fatal motorcycle accidents, the plaintiffs’ only means of bringing the party to blame to justice is through a wrongful death lawsuit. If you do not bring a lawsuit against the liable party, then he or she is likely to go on with his or her negligent behavior and injury or kill someone else.

Through wrongful death damages, the spouse, children, and parents of the victim have the opportunity to seek compensation for the financial losses and mental and emotional distress they’ve been forced to suffer. This can include restitution for:

• Loss of the financial support supplied by the victim before he or she died.
• Funeral expenses.
• Loss of the familial love and companionship provided by the victim.
• Emotional and mental suffering of the surviving family members.

In contrast, survival damages were created to compensate the deceased victim for his or her suffering as a result of the fatal accident. Since the victim has passed away, the closest living relative is permitted to act as his or her proxy to pursue survival damages, with this right inherited first by the spouse, then the child, then the parent, and finally by the sibling. Survival damages can include restitution for:

• Property damage.
• Medical bills charged to the victim before dying.
• Pain and suffering felt in the accident.
• Mental and emotional anguish.

Overcoming Jury and Insurance Adjuster Bias

No matter what is fair and equitable, the fact of reality is that many people carry prejudice against motorcyclists. Inspired by years of conditioning from the media, many people envision bikers as lawless miscreants who have little care for their own safety or the safety of others. You can rest assured that the defense attorneys will do whatever they can to use their prejudice to their advantage. Moreover, insurance adjusters will try to use this prejudice to try and deflect blame onto the motorcycle rider. If they can prove the biker was at least 51 percent responsible for the wreck, then they deny benefits to the surviving family members. Both defense lawyers and insurance adjusters will seek to attack your loved one’s behavior in order to avoid paying your family what it deserves.

Thus, even if the party who caused your loved one’s death in a fatal motorcycle accident has insurance and is agreeing to accept liability, you likely still need the protection of a trustworthy wrongful death attorney to make sure the insurance adjuster is upholding his or her responsibility to compensate your family fairly. Not only will they try to deflect blame onto the victim, but insurance adjusters also understand that they can often gain considerably by agreeing to pay sub-par settlement to the plaintiffs. Before you hire a lawyer, they will approach you with a settlement offer that requires that your family release their client from future liability and surrender your right to sue. Insurance companies generally will only negotiate seriously with someone who has secured representation. Any offer you receive before you hire an attorney is likely just an attempt to take advantage of your family’s naïveté. If you’ve been offered a benefit settlement by an insurance company, you need to consult with a lawyer before acting. Otherwise, you risk being shortchanged.

Why Grossman Law Offices Can Help

At Grossman Law Offices, we’ve spent the past two decades helping grieving families in both Arkansas and Texas overcome the financial and emotional fallout from fatalities involving motorcycles, as well as, all types of motor vehicles.

We’ve delivered many millions of dollars to hundreds of people and developed a reputation among both defense attorneys and insurance adjusters as a firm with which to be reckoned. Often times, our reputation precedes us to such a degree that insurance companies and defense lawyers will be eager to work out a settlement to avoid meeting our lawyers in court. Thus, our clients can get back to rebuilding their lives without the stress and potential disappointment of a jury trial. If not, then we’re always ready and willing to go to court and win the damages our clients deserve.

If you have lost a loved one in a fatal motorcycle accident, you don’t have to go through your ordeal alone. Call Grossman Law Offices today and secure the help of a clever and caring attorney who is devoted to helping you secure the compensation you deserve and deliver justice to those negligent parties who caused your family member’s death. We’re here for a free consultation any time at 1-855-589-5645, so you can find out your legal options and ask any questions you may still have.