Banning Fatal Bicycle Accident Lawyer

Motor vehicle drivers have a legal “duty of care” to act lawfully and responsibly behind the wheel, primarily because they can cause immense harm to other people from breaking just one traffic law or losing concentration for just a few seconds while driving. Unfortunately, not every driver is as diligent as they should be about adhering to their duty of care—and sometimes, their negligence has tragically life-altering or even fatal repercussions for bicyclists who are just in the wrong place at the wrong time.

If you recently lost a close family member to a bike crash caused by someone else’s misconduct, you may have grounds for legal action that a Banning fatal bicycle accident lawyer can help you pursue. From the beginning to the end of your legal proceedings, a wrongful death attorney from Walter Clark Legal Group can ensure you understand all your options and guide you towards filing the strongest claim possible in pursuit of the restitution you deserve.

Establishing Civil Fault for a Fatal Bicycling Injury

While it is true that motor vehicle drivers are virtually always at lower risk of suffering injury in a bicycle collision compared to the bicyclist they struck, that does not mean a driver is automatically liable for this sort of incident, even if it directly results in the bicyclist’s premature death. Instead, the burden of proof lies with the plaintiff filing suit to prove that they were harmed due to a specific irresponsible or unlawful act committed by the defendant being sued, such as distracted driving or a violation of traffic law.

Furthermore, certain third parties may hold partial liability for a fatal bicycle crash in Banning even if they were not directly involved in the crash itself. Depending on the circumstances, a skilled attorney could potentially help demand recovery from a mechanic who failed to ensure a bicyclist or motor vehicle was in good working order, a manufacturer that produced faulty bike or vehicle parts, or even a local government body that failed to keep bicycle infrastructure in a safe condition.

Who Can Recover Compensation Through a “Wrongful Death” Claim?

Under California state law, the right to file what is known as a “wrongful death” lawsuit on behalf of someone who passed away in a fatal bicycle accident passes first to the deceased person’s surviving spouse or domestic partner, children, and/or grandchildren, as well as anyone who can show they were financially dependent on the deceased person. If none of those parties survive the decedent, anyone who would inherit property from the deceased person under the laws of intestate succession can file suit for wrongful death.

Either way, eligible beneficiaries of a fatal bicycle injury claim in Banning can recover for both economic and non-economic damages stemming from the death in question. As a qualified lawyer can further explain, this can include things like funeral and burial expenses, lost future financial support, lost love and companionship, and loss of intimacy and “consortium” with a spouse or partner.

Speak With a Banning Fatal Bicycle Accident Attorney About Legal Options

No one deserves to have their life artificially cut short under any circumstances, and certainly not because someone near them was acting in a reckless, careless, and/or unlawful way. However, if your loved one has nevertheless lost their life in this way, you may have the right as a surviving family member of theirs to seek comprehensive financial restitution in their name.

Money alone cannot erase every form of harm that you and your family will suffer because of your loved one’s untimely death, but pursuing fair civil compensation with a Banning fatal bicycle accident lawyer’s help could still be key to protecting your best interests in the years and decades to come. Call Walter Clark Legal Group today to schedule a confidential consultation and discuss your potential claim.