Fatal Motorcycle Accidents in Rockaway Beach

Even the most cautious and skilled motorcyclist is not safe from the dangers of the road, like bad weather, potholes, drunk drivers, or badly timed lane changes. Motorcyclists are especially likely to suffer serious or fatal injuries because they do not have surrounding walls or a seatbelt to protect them.

If you lost someone you love in a motorcycle crash, you may have legal options for financial recompense. If that person was the breadwinner in your household, you are likely feeling the strain of significant bills. Regardless of that person’s role, immense grief makes thinking of money and how to survive difficult. You need a team of caring and dedicated legal professionals by your side. The skilled attorneys at our firm have handled many cases involving fatal motorcycle accidents in Rockaway Beach and are ready to take the legal burden off your shoulders so you can focus on healing.

Frequent Causes of Fatal Motorbike Crashes

The parties a family could hold liable in a lawsuit include other drivers, motorcycle manufacturers, and government entities depending upon the reason behind the accident. Some common causes can include:

  • Collision with a car door
  • Distracted driving
  • Road conditions
  • Manufacturing defects
  • Speeding
  • Weather conditions

In addition to the reason behind the fatal motorcycle crash, a judge in Rockaway Beach will consider factors like the victim’s occupation, age, health before dying, and earning potential.

The Legal Process After a Deadly Motorbike Wreck

Motorcycles are subject to different laws in New York than other vehicles. The state has a no-fault law for car crashes, so insurance companies are required to pay for any resulting expenses and costs, regardless of who was at fault for the crash. That law does not apply to motorcyclists because they are inherently dangerous and not technically vehicles under the law. This means a family loses out on the benefits that accompany the no-fault law.

There are specific local requirements for a person to be able to bring forth a wrongful death claim:

  • A family member died
  • The deceased would not have died if not for the negligence of the defendant
  • The deceased could have pursued their own lawsuit if not for the deadly collision
  • A family member must have suffered financial losses due to the death
  • The estate of the deceased sues for recoverable damages

The victim’s surviving family must appoint a personal representative to sue on their behalf. The personal representative oversees payments to family members based on a previous legal arrangement made with them. A family member can be a personal representative. Due to the intricacies of Rockaway Beach laws, it is best to consult with an attorney after a loved one dies in a motorcycle collision.

Compensation After a Deadly Motorcycle Collision

Damages are typically economic or non-economic. Economic means there is a specific monetary amount and can include costs like lost wages, emergency care, property damage, and medical bills. Non-economic damages are more subjective and include concepts like pain and suffering, loss of consortium, or emotional trauma.

In every state, there are firm deadlines for filing lawsuits. The law setting a specific amount of time for filing certain types of cases is known as a statute of limitations. It is important to keep in that New York has a two-year statute of limitations for wrongful death claims. If someone does not file within the appropriate time frame, they will usually miss out on the opportunity to seek compensation. Due to the multiple factors that can affect how much you receive, it is important to hire a Rockaway Beach attorney to handle a wrongful death case after a motorcycle accident.

Contact Us After a Fatal Motorcycle Crash in Rockaway Beach

Nothing can take the place of someone you loved who was taken tragically and too soon. However, pursuing legal options can provide emotional closure for you and your family. You deserve official acknowledgment of your emotional pain and financial losses. After a fatal motorcycle accident in Rockaway Beach, you need a sympathetic and devoted team like ours by your side. Call us today to schedule a consultation.

©2024, Goldstein and Bashner All Rights Reserved | Disclaimer | Privacy Policy | "Captree Sunset" Photo Credit: Unique Images/Martin Losco