Fatal Motorcycle Accidents in Palm Springs
When you are dealing with the unexpected loss of a loved one, it can be helpful to leave any potential legal claims to your lawyer. You deserve the opportunity to grieve following a fatal motorcycle accident in Palm Springs, and the right attorney can take the weight of pursuing legal action off of your shoulders.
Motorcycles are dangerous, and they have a higher fatality rate than other accidents. A dedicated motorcycle collision attorney at Walter Clark Legal Group could help you hold a negligent party accountable after a tragic accident.
Why Motorcycle Accidents Are So Dangerous
Motorcycle wrecks might not be as common as collisions between passenger cars, but the result is often much more catastrophic. This is due primarily to the lack of safety features designed to prevent fatal motorcycle crashes in Palm Springs.
Unlike larger vehicles like cars or trucks, motorcycles do not have airbags or other ways to absorb the impact of a collision. A motorcyclist can have adequate safety gear and comply with every traffic rule yet still lose their life in an accident due to the inherent risks of these vehicles.
Bikes are also much smaller than the vehicles they share the road with. This limited visibility can increase the odds of a fatal crash, even with a motorist who is attentive and aware there are riders around them.
Pursuing a Wrongful Death Action After a Fatal Motorcycle Wreck
A wrongful death action may be an option after a fatal motorcycle collision in Palm Springs. This type of lawsuit is appropriate when someone dies due to the careless or reckless acts of another person.
State law defines “wrongful” to mean a person passing away due to someone else’s misconduct. The wrongful deaths of motorcyclists frequently result from another motorist’s negligence, such as driving under the influence or failing to yield the right-of-way.
The right to file these claims is complex. There is a tiered system that determines who has the right to file a wrongful death action, starting with the surviving spouse, domestic partner, and children of the decedent.
Not everyone will have survivors within this group. In that scenario, the right to pursue legal action becomes available to more individuals, including the deceased rider’s parents and siblings.
Special Rules for the Financially Dependent
There are additional options for people who do not qualify to file a wrongful death claim in Palm Springs but who were financially dependent on the deceased motorcyclist. The burden is on this party to prove that they were reliant on the deceased at the time of their death. Some people who may be entitled to recover in this scenario include stepchildren, parents, or a “putative spouse.” A putative spouse is someone who had a good faith—but false—belief that they were legally married to the deceased.
Speak to a Palm Springs Attorney After a Fatal Motorcycle Accident
There is no right way to deal with the loss of a beloved family member. It is important that you have the opportunity to grieve for them as you remember them. After a fatal motorcycle accident in Palm Springs, you can rely on the support of experienced legal counsel at Walter Clark Legal Group to pursue your claim while you focus on moving forward in life.