Understanding Wrongful Death in Motorcycle Accidents

It is devastating to lose a loved one in a motorcycle accident. Grief, financial worries, and legal questions can all come crashing down at once. We are here to protect your rights, fight for justice, and seek the compensation your family deserves during this difficult time.

Wrongful death occurs when someone’s negligent or intentional actions lead to another person’s death. In motorcycle accidents, this often involves reckless driving, distracted driving, driving under the influence, failure to yield, or other traffic violations by another motorist. These cases can be especially complicated due to the severe nature of motorcycle crashes. 

In Vermont, specific statutes regulate how and when wrongful death claims may be filed, as well as who can file them. You have a limited time to take action, so immediately consulting an experienced attorney at Sabbeth Law can help preserve essential evidence and maximize your family’s ability to seek justice and financial recovery.

Most wrongful death lawsuits following motorcycle accidents are based on the legal theory of negligence. It is essential to prove that the at-fault party failed to exercise reasonable care, directly causing the accident and resulting in death. Common examples include:

  • Driving while intoxicated or under the influence of drugs or alcohol
  • Distracted driving, such as texting behind the wheel
  • Speeding or aggressively weaving through traffic
  • Failing to yield when required by traffic laws

Sometimes, multiple parties can share responsibility for a fatal motorcycle accident. For instance, the motorcycle manufacturer could be liable if a defective part contributed to the crash, or a government entity might face responsibility if hazardous road conditions were not properly addressed. Because there are strict statutory deadlines in Vermont, it is crucial to move quickly to gather evidence, preserve witness testimonies, and ensure your case is positioned for success. The services of accident reconstruction professionals who can piece the events leading to the fatal collision together can be valuable.

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Who Can File a Wrongful Death Claim?

In Vermont, certain parties have the legal right to file a wrongful death lawsuit after a motorcycle accident. The following may bring a wrongful death claim:

  • The deceased person’s spouse
  • The deceased person’s children
  • The deceased person’s parents, if there is no surviving spouse or children
  • The executor or administrator of the deceased person’s estate, if no immediate family members can file

The Vermont Statutes Annotated, specifically, 14 V.S.A. § 1492, outlines the priority order of who may file. If the deceased had a spouse, that person generally has the first right. If not, the children may file, followed by the parents if there are no children, and so on. 

It is also important to keep in mind that Vermont requires most wrongful death claims to be filed within two (2) years of the date of death. Acting sooner rather than later helps ensure critical evidence is preserved and can prevent needless delays. 

Establishing Negligence in Motorcycle Accidents

Proving that another party’s negligence caused the fatal motorcycle crash is key to succeeding in a wrongful death claim. To establish negligence, we generally may show four elements:

  1. Duty of Care: The defendant owed a duty to the motorcyclist, such as obeying traffic laws and driving responsibly.
  2. Breach of Duty: The defendant breached this duty by behaving negligently or recklessly.
  3. Causation: This breach caused or contributed directly to the fatal injuries.
  4. Damages: The victim’s death resulted in tangible and intangible losses for surviving family members.

Extensive evidence to prove the elements of negligence must be gathered. Some of these pieces of evidence include police reports, witness statements, accident reconstruction analyses, medical findings, and even surveillance footage or dashcam videos when available. 

Motorcycle fatality cases can face unique bias. Some people assume the rider took unnecessary risks simply because they were on a motorcycle. These misconceptions must be diligently countered by presenting a clear, fact-based case that focuses on the other party’s negligence.

What Compensation Can Be Sought?

No amount of money can truly compensate for an untimely loss, but a successful wrongful death action can help ease financial burdens and hold negligent parties accountable. Damages may include:

  • Medical Bills: Any expenses related to medical treatments or hospital stays before death.
  • Funeral and Burial Costs: Reimbursement for all necessary end-of-life expenses.
  • Lost Income and Future Earnings: Compensation for the wages and benefits the deceased would have provided.
  • Loss of Companionship: Damages recognizing the emotional support, love, and guidance the decedent offered to their family.
  • Pain and Suffering: Families may also seek compensation for the pain the deceased experienced before their passing.
  • Loss of Services: The value of tasks and responsibilities the deceased would have provided, including childcare or household maintenance.
  • Punitive Damages: In rare cases, if the at-fault party’s actions were especially reckless or intentional, we may seek punitive damages to punish egregious conduct and deter future wrongdoing.

If you work with our lawyers at Sabbeth Law, expect us to collaborate with economic professionals, medical professionals, and other professionals to accurately calculate the total losses your family has suffered. This approach allows us to demonstrate the full scope of damages to insurance companies, mediators, judges, or jurors.

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Steps to Take After a Fatal Motorcycle Accident

Losing a loved one suddenly is heartbreaking and overwhelming, and the path forward can feel unclear. While legal action might be the last thing on your mind, certain steps can help protect your rights and position your family for a successful claim if you choose to pursue one. 

  1. Preserve Evidence: If possible, gather or photograph vehicle damage, roadway conditions, or any visible injuries. Obtain contact information for witnesses and request the official police report.
  2. Seek Medical Care for Yourself: Even family members not in the accident may suffer stress-related health issues. It is important to document any symptoms.
  3. Speak with an Attorney: Insurance adjusters may attempt to obtain statements from you early on. Ideally, you only speak with them after you have attained legal representation to avoid unintentional missteps that can harm your case.
  4. Collect Essential Documents: Funeral and burial expenses, medical bills, lost wage records, and insurance information will all be critical to building a solid claim.
  5. Consider Filing a Wrongful Death Lawsuit: If another party’s negligence caused the fatal accident, you have the right to pursue a lawsuit. We can help you weigh the pros and cons and then guide you through the process.
  6. Self-Care and Family Support: Grief counseling and emotional support groups can be necessary during this difficult time. While we handle the legal complexities, we encourage you to prioritize your family’s well-being.

Why You Need an Experienced Attorney from Sabbeth Law

Wrongful death cases involving motorcycle accidents can be exceptionally intricate. From identifying potentially liable parties to navigating insurance complexities and handling accident reconstruction, there is a great deal at stake. At Sabbeth Law, we bring:

  • Extensive Experience: We have handled complex wrongful death cases in Vermont and understand the nuances of local statutes and court procedures.
  • Professional Connections: Our network of accident reconstructionists, medical professionals, and economic analysts provides comprehensive support for your claim.
  • Negotiation Skills: Insurance companies often attempt to minimize payouts, but we have the strategies and persistence to secure a fair settlement.
  • Pursuit of Justice: If the opposing side refuses a reasonable settlement, we are fully prepared to represent you in court.

We recognize that you are mourning, and you need a team on your side that will treat you with empathy, dedication, and respect. Our aim is to handle all the legal complexities so you can focus on healing and honoring your loved one’s memory. 

We know that legal matters might feel overwhelming, especially during a time of profound grief. However, understanding your rights and taking prompt action can make all the difference in building a strong wrongful death case. At Sabbeth Law, we are ready to provide the legal guidance and compassionate representation you need.

Have you lost a loved one in a motorcycle accident and suspect that another party’s negligence or wrongful act was involved? Contact us at Sabbeth Law today for a free initial consultation. Let us stand by your side, handle the legal complexities, and fight for the justice and compensation you deserve.

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