Motorcycle collisions are more likely to result in catastrophic injuries than passenger vehicle crashes. One primary reason is that motorcycles provide significantly less bodily protection than cars or trucks.
Fatal motorcycle accidents in Bakersfield can have a traumatic impact on the decedent’s family and loved ones. Surviving family members or the decedent’s estate can file a wrongful death lawsuit to recover damages if another party’s negligence caused the incident. Schedule a meeting with a skilled biking collision attorney today to learn more.
Aside from a lack of protection, riding a motorcycle presents inherent dangers. Like other motorists, bikers can be affected by poor visibility due to low lighting or fog.
Motorcycles are much smaller vehicles, and bad weather can have a more significant impact. Riders have a higher chance of hydroplaning or having their vision affected by rainfall.
Negligent actions by motorists can also increase the risk of a fatal Bakersfield motorcycle crash, including the following:
A reliable personal injury attorney could review a client’s wrongful death case and help pursue fair compensation on behalf of their lost loved one.
When a motorcycle accident in Bakersfield leads to a fatality, the decedent’s surviving family or estate can take legal action to recover damages for their catastrophic injuries. If a motorist’s failure to use reasonable care causes bodily injury, they are legally responsible for the damages incurred under California Civil Code § 1714.
A wrongful death claim or a survival action is available to help the family or estate recover damages. While both wrongful death and survival actions provide a path to recovery for accidents that lead to death, the claims have essential differences.
According to Cal. Civ. Pro. Code § 377.34, a survival action, allows the decedent’s estate to bring a claim for losses suffered up until their death. Only the personal representative of a decedent’s estate or a success in interest can pursue a survival action. The defendant’s estate can still recover since the claim survives their death.
Wrongful death suits are meant to provide a means for surviving family to recover for losing a loved one, according to Cal. Civ. Pro. Code § 377.60. Family members that can pursue a wrongful death claim include the decedent’s surviving spouse or domestic partner, children, or grandchildren of deceased children.
Without surviving children or spouses, the person who stands to inherit the decedent’s estate through state intestacy laws can bring a wrongful death claim.
The available damages from a fatal motorcycle crash in Bakersfield will depend on the specific facts of the case. Compensatory damages can consist of economic damages or noneconomic damages.
Economic damages cover measurable expenses or out-of-pocket costs, while noneconomic damages compensate for immeasurable harm. When assessing potential damages, it is vital to understand the distinction between wrongful death claims and survival actions.
Survival actions allow the decedent’s estate to recover compensation for damages sustained up until their death, such as:
Surviving family members pursuing wrongful death actions can recover damages, including:
Call a Bakersfield lawyer to learn more about the forms of compensation that loved ones can receive from a fatal motorcycle crash.
Do not delay speaking with a lawyer if your loved one was involved in a fatal motorcycle accident in Bakersfield. Injured parties do not lose claims for catastrophic injuries caused by negligence upon their death. However, there are important deadlines to follow. For thorough legal assistance with a case, contact an experienced personal injury attorney today.
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