Enduring the tragedy of losing someone to a motorcycle accident is difficult. It If you have lost someone to a motorcycle accident that was the result of another driver’s negligence, get in touch with a Nashville motorcycle accident wrongful death lawyer. A determined wrongful death attorney can work tirelessly to pursue a positive outcome for you. Contact a lawyer today, and bring yourself one step closer to holding the responsible party accountable.
How Does a Motorcycle Accident Case Become a Wrongful Death Case?The legal factors in a motorcycle accident wrongful death case are no different from any other accident case. The other driver had a duty to be careful, they breached that duty and caused the accident which injured a person on a motorcycle.
Obviously, the problem is that it is a collision between a car and a motorcycle. The person driving the motorcycle is almost always on the losing end of that accident. It is just the physics of that impact.
It is important for people to realize that motorcycles have every right that any other vehicle has on the road, and all drivers have a duty to look out for them, to give them plenty of room, and avoid any type of contact with them.
Negligence in Motorcycle AccidentsThere should really be no difference between a motorcycle case and an automobile case. A jury still has to decide who is at fault. However, sometimes, jurors are suspicious of the motorcycle. An experienced Nashville motorcycle accident wrongful death lawyer can educate the jury as to the experienced motorcyclist who was following the law and had every legal right to be on the road. The person that caused the accident should have looked out, been aware of the motorcycle, and gone that extra step to avoid any type of collision.
Facts About Motorcycle Accident CasesThe plaintiff in motorcycle accidents tends to be the person on the motorcycle. The person on the motorcycle is going to suffer the most injuries and will be the plaintiff in any lawsuit. Often that plaintiff will need the assistance of a Nashville motorcycle accident wrongful death lawyer to help build their case.
They are generally two-party car accident cases. Defective motorcycle cases would be a tire blowout or re-treads, or some type of tire failure. There have also been cases against helmet manufacturers where the helmet did not perform safely like it was supposed to. Wearing a helmet is off the utmost importance. In Nashville, and throughout the State of Tennessee, all motorcyclists are required to wear helmets.
Motorcycle Manufacture Safety MeasuresThe motorcycle should perform like the motorcycle rider thinks it is going to perform, e.g., that the brakes work, that the blinkers work, that the lights work, that it accelerates properly just like any other vehicle. If a motorcycle does not perform like it is supposed to, the rider is in a much more vulnerable position to be injured. Motorcycle manufacturer and service departments that do repairs on motorcycles need to make sure that the motorcycle is operating the way it is supposed to when it leaves their possession.
Potential DamagesThe loved ones of the victim of a motorcycle collision will be able to seek both economic and non-economic damages. The economic damages are any medical expenses that the rider incurred, i.e., ambulance ride, hospital bills, ER bills. If they pass away, there will be funeral expenses that are related to the death.
Economic losses would include what the person earned for a living, what could they have earned for a living in the future, any benefits, 401Ks; things like that that the family is going to lose. All of that information together will create economic losses.
The non-economic losses would be pain and suffering the rider endured as a result of the accident (was it painful, was it a conscious suffering). There is the emotional loss that a family has, that a spouse has, that children have or parents from losing a loved one. They are entitled to recover compensation for that so that they can be recognized for that tragic loss.
Working With a LawyerLosing a loved one is never easy. After enduring such a life-changing loss, it is only natural to want to pursue justice for your loved one. A skilled Nashville motorcycle accident wrongful death lawyer can help you in your pursuit of justice. Your attorney can look at the existing evidence, attempt to establish negligence on behalf of the at-fault party, and can work tirelessly to build a solid case. If you have lost someone to a motorcycle accident, contact a compassionate personal injury lawyer today, and know that you are in capable hands.
The insurance company has a legal team. You should too.
