Can You Sue for a Wrongful Death in a Motorcycle Accident Claim?

The National Highway Traffic Administration reported that 5,579 motorcyclists lost their lives in a motorcycle accident in 2020– and that 83,000 motorcyclists were injured across the United States. If you lost a loved one in a motorcycle accident, you may be able to recover damages for their death. If you are considering a wrongful death claim, the motorcycle accident attorneys at Regan Zambri Long, PLLC can help. An experienced attorney can help you navigate a wrongful death case, and will fight for your rights.

What Is a Wrongful Death Claim?

A wrongful death claim is brought by the family of a fatal accident victim. Wrongful death claims are tort claims, such as negligence or malpractice, and are brought on behalf of the victim. In the majority of states, the plaintiff in a wrongful death suit is the deceased person’s estate or immediate family. Each state has its own rules on wrongful death, but generally, only immediate family members can file a wrongful death lawsuit, and money or the wrongful death compensation award will go to the family members or the victim’s estate.

Who Files a Wrongful Death Claim?

When a person is killed by the wrongful act of another person, their close family may have the right to file a wrongful death claim. Most states today have a wrongful death statute, which gives surviving family members a “cause of action” or lawsuit even after the death of the victim. In the majority of states, the beneficiaries of a wrongful death claim are spouses, parents, and/or children. If the victim was not married, the victim’s parents were no longer living, or the victim did not have children, another family member (either related by blood or by marriage) can recover damages if they were financially dependent on the victim.

How Do I Prove a Motorcycle Wrongful Death Claim?

Wrongful death is a type of tort law that requires proving negligence. To prove wrongful death, the following four elements of a tort claim must be established:

• Duty of Care. The defendant must have owed a duty of care to the deceased victim. This can be proven relatively easily in motorcycle accidents because motorists owe other motorists and pedestrians a duty to drive safely.
• Breach. The family must also prove that the defendant breached the duty owed to the victim, which means that the defendant acted recklessly, carelessly, or negligently.
• Cause. The family must also show that the breach of the duty of care caused the death. This just means that there must be a link between the defendant’s actions that directly caused or contributed to the fatal accident.
• Damages. Last, the family must be able to prove that the death caused real harm. This harm can be financial or personal, so any medical bills, funeral services, or lost wages are sufficient to meet this element of the claim.

What Are the Causes of Most Motorcycle Accidents?

An estimated 53% of motorcycle accidents involve a motorcycle and another vehicle. Some of the most common causes of motorcycle accidents are the same as vehicle accidents: distracted driving, reckless driving, speeding, and weather conditions.

There are risks involved with motorcycles specifically though. Motorcycles are small, less stable, and sometimes hard to see, which puts motorcycles at a greater risk for accidents. The National Highway Traffic Safety Administration (NHTSA) has even reported that motorcycles are 29 times more likely to be involved in an accident than a vehicle. Some risks specific to motorcycles are:

• Making left-hand turns. Data from NHTSA shows that nearly half of fatal motorcycle and vehicle accidents are from vehicles making a left turn. Left-turning vehicles are usually responsible for these types of accidents because they must yield to oncoming traffic.
• Road hazards. Road hazards are especially dangerous to motorcycles because of their size and stability. Motorcycles are at risk when lanes are uneven, when there is gravel on the road, or when there are grass clippings on the roadway.
• Lane splitting. Lane splitting is when motorcycles drive between lanes in slow or stopped traffic. Some states still legally allow this, but it is particularly dangerous. Drivers are often not expecting a motorcycle in between lanes. Lane splitting is illegal in Washington, D.C., and Virginia. Lane splitting is not explicitly illegal in Maryland.

What Damages Can Be Recovered in a Motorcycle Wrongful Death Claim?

Damages in wrongful death cases are awarded to compensate the family of the victim for any expenses from the accident– and even sometimes for future expenses based on the loss of the loved one. These damages include:

• Funeral and burial costs. In a wrongful death claim, the cost of the funeral and burial services can be compensated.
• Medical care costs. Any medical expenses related to the accident or the death, such as hospital stay costs, rehabilitation, medicine, and surgery can be compensated.
• Loss of financial support. The money that the family member would have provided in the future can be compensated.
• Loss of companionship. This is considered to be compensation for the personal loss of the family relationship.

Is There a Statute of Limitations for Wrongful Death Claims?

Each state has its own limitations on how long you have to file a wrongful death claim. This rule is called a statute of limitations. You must work with a lawyer who understands these deadlines.

Regan Zambri Long, PLLC, practices throughout Maryland, Virginia, and Washington, DC. The statute of limitations in these three locations is:

• Maryland. In Maryland, the statute of limitations for a wrongful death claim is 3 years from the date of death.
• Virginia. In Virginia, the statute of limitations for a wrongful death claim is 2 years from the date of death.
• Washington, DC. In DC, the statute of limitations for a wrongful death claim is 2 years from the date of death.

How Can a Lawyer Help with a Motorcycle Wrongful Death Lawsuit?

A lawyer will help with a wrongful death claim in many ways, but the most valuable services that a lawyer provides in a wrongful death action are:

• Investigating the accident to determine negligence.
• Negotiating with insurers on fair compensation.
• Navigating communication and correspondence with insurers and the other party.
• Representation at trial.
• Calculating a fair amount of damages to request.
• Direction regarding statutes of limitations and other state-specific rules.

Why Should You Choose Regan Zambri Long as Your Wrongful Death Motorcycle Accident Lawyer?

If you have lost a loved one and you are thinking about filing a wrongful death action, you should consult with a knowledgeable wrongful death lawyer. An experienced attorney will provide support, and they will advocate for your family’s rights.

Regan Zambri Long has the training, knowledge, and resources needed to effectively pursue wrongful death claims. Our lawyers have significant experience with motorcycle accidents and have been representing survivors in wrongful death suits for more than 30 years. We have recovered millions of dollars in wrongful death claims over the years, and take pride in providing the highest quality legal representation for families who have lost loved ones.

A lawyer from Regan Zambri Long will assist you in navigating the legal issues in wrongful death lawsuits. Call today to schedule a free consultation. Our attorneys handle cases in Washington, DC, Virginia, and Maryland.