Fatal Motorcycle Accidents in Victorville

Motorcycle accidents are not as common as collisions involving cars or trucks, but the resulting injuries are often far more severe. Fatal motorcycle accidents in Victorville can happen under a wide range of circumstances, especially when negligence is involved.

If you have lost a loved one in a crash, you may have the right to seek compensation through a wrongful death action. These lawsuits can provide financial compensation as well as a measure of justice from the at-fault party. Discuss your legal rights and options with a compassionate motorcycle wreck attorney at Walter Clark Legal Group.

Why Motorcycle Crashes Are Often Deadly

There are a few reasons why motorcyclists in Victorville face a much higher rate of fatal accidents compared to passengers in cars or trucks. Riders are exposed to the elements and do not have the benefit of airbags or other safety features.

In other words, riders are often left to absorb the force of an impact with the other vehicle involved in the collision. This impact alone has the potential to cause fatal injuries. However, motorcyclists face the additional risk of being thrown from their bikes. The secondary impact with the ground can have deadly consequences, especially when they land on their head, neck, or back.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of civil case filed on behalf of the surviving family members of a deceased person. These are different from criminal homicide prosecutions, as the end result is not the possibility of jail time or fines. Instead, the remedy in these cases is financial compensation.

Not every death will lead to a viable wrongful death suit. In order to have a case for compensation, there must be evidence of negligence. This generally involves proof that the death resulted from an act of carelessness or recklessness.

The law limits who can pursue legal action in these situations. A tiered system determines who may pursue legal action, starting with any surviving children, spouses, or domestic partners of the decedent. If no one in this category is able to pursue a lawsuit, the opportunity is passed on to anyone set to inherit through intestate succession. Intestate succession is the legal framework determining who inherits a person’s belongings if they pass away without a will. This includes other family members like parents and siblings.

The Statute of Limitations in Wrongful Death Actions

Anyone considering legal action following the loss of a family member in a fatal motorcycle collision should keep the statute of limitations in mind. This legal deadline is one of the major pitfalls of civil lawsuits, given that anyone who waits too long could miss out on their chance at recovering financial compensation.

Typically, a lawsuit that violates the statute is dismissed by the judge. This outcome is a worst-case scenario for the surviving relatives, as it not only ends the case but also bars them from ever recovering compensation in the future. In Victorville, the right to file a wrongful death action expires after two years after a fatal motorcycle wreck.

Talk to a Victorville Lawyer About a Fatal Motorcycle Accident Claim

If you lost a loved one to a fatal motorcycle accident in Victorville, now is the time to discuss your legal options. You may have the right to file a lawsuit to hold the responsible party accountable for their actions. Reach out to Walter Clark Legal Group today to set up a meeting with an experienced legal professional.