Fatal Motorcycle Accidents
Motor vehicle fatalities are often sudden and devastating for the survivors and loved ones left behind. Even if a motorcyclist is driving as safely as he or she possibly can, other drivers’ negligence can result in catastrophic accidents that result in death. Although nothing can truly repair the damage of losing a loved one in a sudden accident as the result of someone else’s negligence, your family can bring a wrongful death lawsuit to recover the compensation that you need to cope with the loss. At the Law Offices of Barry Feinstein and Affiliates PC, we have seen firsthand just how traumatic this situation can be for a family. An experienced Massachusetts motorcycle accident attorney at our firm is available to provide compassionate and diligent legal counsel to injury victims throughout the state, and we are ready to put our experience to use on your behalf.Fatal Motorcycle Accidents
According to National Highway Traffic Safety Administration, motorcyclists were 26 times more likely to suffer a fatal crash than drivers of regular passenger vehicles during 2016. Motorcycle collisions can happen in many different situations. One of the most common ways is when a driver is making a left turn in front of a motorcycle that has the right-of-way. Sometimes drivers have difficulty seeing motorcycles especially if there is inclement weather, road hazards and obstructions, or if they are engaged in distracted driving activities like texting or eating. Drunk drivers also frequently cause fatal motorcycle accidents due to their inability to be aware of the circumstances on the road and their dramatically reduced reaction time.
Motorcycle accidents can also happen in intersections when drivers fail to yield the right-of-way or when a vehicle is merging or changing lanes. If this happens at high speed on the freeway, for example, then the outcome can be devastating. Unlike passenger vehicles, motorcyclists do not have protection from the external shell of the vehicle. The impact of the accident can launch a motorcyclist from his or her bike or subject his or her body to devastating impact.Holding a Careless Driver Responsible
If you lost a loved one in a fatal motorcycle accident, you can potentially bring a wrongful death claim against the driver of the vehicle that caused the crash, and a skilled injury lawyer can help. In this lawsuit, the executor or administrator of the decedent’s estate can file a lawsuit on behalf of the decedent seeking compensation for his or her damages. To prevail, the plaintiff must show that the decedent would have been able to assert a personal injury claim against the defendant had he or she survived. In a motorcycle accident, there are a number of potential claims that the victim can assert including negligence, negligent entrustment, negligent hiring, and vicarious liability. In a negligence action, the plaintiff must prove that the defendant failed to drive his or her vehicle with the same level of care and attention that a reasonable and prudent driver would use when facing a similar situation. This includes obeying traffic laws, adjusting one’s speed where dangerous conditions exist, and refraining from distracted driving practices.
If the plaintiff is successful in establishing that the defendant breached the standard of care, the plaintiff must then show that the decedent would not have died but for the defendant’s lack of care. This can be established in many ways, including through expert witness testimony, police reports, and more. The final phase of the litigation involves providing evidence substantiating the amount of damages that the plaintiff is seeking in the lawsuit. This can include compensation for expenses like funeral fees and burials, as well as compensation for the decedent’s surviving family member’s loss of their love one’s companionship, society, and support.Consult a Knowledgeable Motorcycle Accident Attorney in Massachusetts
There are few things more tragic than the sudden loss of a loved one. We have seen firsthand how a driver’s negligence can tear a family apart through representing individuals in accident fatality cases. We are available to serve clients throughout Massachusetts, including in Boston, Cambridge, Newton, Lowell, Waltham, Quincy, Dedham, Norwood, Somerville, Brookline, and Peabody. We offer a free consultation so you can learn more about your legal rights and how a lawyer at our firm may be able to assist you. To schedule your appointment call us at 1-800-262-9200 or contact us online.