Columbia Fatal Motorcycle Accident Lawyer
Between the lack of safety devices like airbags and the ever-present risk that another driver may act negligently enough to cause a crash, riding a motorcycle can be much more dangerous than driving a passenger car even if you are as responsible as any rider could be. Unfortunately, this means not only that accidents are more likely to happen in the first place, but also that those accidents are more likely to have life-threatening repercussions. The prospect of filing a civil suit over a motorcycle wreck that caused the premature death of a family member can be understandably upsetting, but you should know that you have help available from compassionate wrongful death attorneys with whatever legal action you want to pursue. Even if you just have questions about what options you actually have for a lawsuit or settlement demand, a Columbia fatal motorcycle accident lawyer could provide the information you need to make the best choice possible for your family.
Filing Suit in a Deceased Motorcyclist’s Name
When a person dies in a motorcycle crash caused by someone else’s negligent or wrongful act, the right to pursue a claim transfers to their surviving family members in the following order of priority:
- The deceased person’s surviving spouse, child(ren), or parent(s)
- The deceased person’s surviving grandchild(ren)
- The deceased person’s surviving sibling(s) and/or their descendants
- A plaintiff ad litem appointed by a court, if someone entitled to recover money through a wrongful death claim in the deceased person’s name requests that a court make such an appointment
Notably, if the prospective defendant in a motorcycle accident wrongful death claim is also facing criminal charges from the same incident, there is no need to wait until that criminal case concludes to begin a related civil case, and the outcome of each case would have no direct bearing on that of the other. As a qualified attorney can further explain, this means it is possible to hold someone civilly liable for a fatal motorcycle wreck in Columbia even if they are acquitted of any criminal wrongdoing or never criminally charged in the first place.
Dealing with Allegations of Comparative Fault
Another thing legal counsel could help with during this type of litigation is fighting accusations of comparative fault. In brief, comparative fault is the degree to which an injured—or, in this scenario, deceased—person contributed to causing their own injuries through their own irresponsible and/or unlawful actions.
A court assigns a percentage of comparative fault to any injured person found partially responsible for an accident, and their final damage award is reduced by that same percentage. This reduction also applies to compensation awarded to surviving family members in wrongful death cases. In a Columbia fatal motorcycle accident lawsuit, it is important to actively challenge these allegations with guidance from a knowledgeable attorney.
Work With a Columbia Fatal Motorcycle Accident Attorney
No one deserves to have their life cut short solely because of someone else’s reckless or careless actions. Nevertheless, that exact scenario plays out on roadways across America every single day, and many of those wrecks involve a motorcyclist suffering fatal injuries by no fault of their own.
If you lost a loved one under circumstances like this recently, you should strongly consider speaking with a Columbia fatal motorcycle accident lawyer as soon as possible about the possibility of filing civil suit. Contact us today for a free consultation.