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Just about everyone loves riding on a motorcycle. Unfortunately, it can be hazardous, especially when you encounter reckless drivers. If you have lost a loved one in a motorcycle collision because of someone else’s negligence, you may have legal options to pursue compensation. In many cases, you can recover damages for expenses such as medical bills, funeral costs, and lost wages, as well as for the emotional pain caused by your loss.
Learning more about how to deal with the aftermath of fatal motorcycle accidents in Pinellas Park starts with contacting our team at Herman & Wells. We can help you understand your options, putting you in the best position to make decisions for you and the other survivors.
Not surprisingly, negligence by other drivers is the leading cause of fatalities in Pinellas County motorcycle crashes. Drivers of passenger vehicles and commercial truckers often forget to look out for bikers. Plus, since cars offer more protection during accidents, other drivers may forget just how dangerous a collision with a motorcycle can be for the biker.
While drivers are not always at fault, some ways they can be include:
Sometimes, a biker’s own behavior might contribute to the severity of the injury. Like other drivers on the road, bikers have to adhere to all traffic regulations. If they were breaking the law or otherwise being negligent at the time of the wreck, then they may have contributed to the accident, which can reduce financial recovery for victims.
Many people wonder if survivors can recover compensation if the deceased was not wearing a helmet. The short answer is yes. Florida allows riders over the age of 21 to opt out of the helmet requirement as long as they follow specific guidelines, including carrying more insurance coverage. Doing so does not keep survivors from getting compensation in a wrongful death claim.
When someone’s wrongdoing leads to a death, it is called a wrongful death. Florida Statutes § 768.21 governs these claims.
It gives the deceased person’s estate the right to bring a claim against the person responsible for the decedent’s death. Generally, the person who brings the lawsuit is a surviving family member, such as a spouse, parent, or child. However, it can be any personal representative of the estate.
The estate may be able to recover damages for financial and non-financial losses. Damages are the financial compensation the court awards in a lawsuit. Financial, or economic, damages repay people for expenses or lost income. Non-economic damages repay people for intangible losses that have no direct monetary value.
Examples of damages people can recover after a deadly motorbike crash in Pinellas Park include:
An attorney can evaluate your case to determine what type of damages might be available as well as the dollar value of a potential claim.
In wrongful death claims, the factfinder may need to determine the value of a person’s life. In addition to the financial contributions that they provided to a family, proving the loss may require showing what type of value they added to the family, the community, and society as a whole. In many ways, proving how great a person your loved one was is the ultimate way to get justice for them.
Dealing with a traumatic and unexpected loss can be overwhelming. The team at Herman & Wells is here for you. We can help you understand your legal rights after the death of a loved one.
Schedule a free case evaluation to speak with an attorney about fatal motorcycle accidents in Pinellas Park.
