Motorcycle collisions often result in catastrophic injuries or fatalities, leaving bereft families to pick up the pieces in the aftermath. When a motorcycle accident in Roanoke leads to the wrongful death of a rider, their survivors face emotional turmoil, funeral expenses, and the loss of financial support.
If you find yourself in this situation, you have the right to hold the at-fault party responsible through a wrongful death claim and seek the compensation your family needs to move forward.
How Motorcycle Accidents Can Lead to Wrongful Death
Motorcyclists lack the protective shell that surrounds occupants of passenger vehicles, making them particularly vulnerable during an accident. Even with proper safety gear like helmets and protective clothing, riders face severe risks when colliding with larger vehicles or road hazards.
Common scenarios that lead to fatal motorcycle accidents include:
- Distracted drivers failing to notice motorcyclists
- Motorists making unsafe lane changes without checking blind spots
- Drivers turning left into the path of oncoming motorcycles
- Vehicles following too closely behind motorcycles
- Road conditions such as potholes, loose gravel, or poor maintenance
These devastating accidents can lead to severe and fatal injuries, including traumatic brain damage, spinal cord damage, internal bleeding, and amputations.
Who Can File a Wrongful Death Lawsuit in Virginia?
In Virginia, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This representative is typically named in the will or appointed by the court if no will exists.
Although the personal representative files the claim, any compensation awarded benefits the deceased’s survivors in the following order:
- First, the surviving spouse, children, or grandchildren.
- Second, if none exist, the parents and siblings or dependents who shared the household with the deceased.
- Lastly, other relatives entitled to inherit under Virginia intestacy laws.
The beneficiaries can recover damages for sorrow and mental anguish, loss of companionship, lost income and services, medical expenses related to the final injury, funeral costs, and in some cases, punitive damages against particularly reckless parties.
Determining Fault and Liability in Motorcycle Fatality Cases
Establishing fault forms the foundation of any wrongful death claim. In Virginia, a wrongful death is one caused by another’s negligence, recklessness, and intentional actions. To win a wrongful death lawsuit, the victim’s personal representative must prove that the defendant caused the accident and is directly responsible for the death.
Several parties may bear responsibility for a fatal motorcycle crash. The most obvious is another driver who violated traffic laws or drove negligently. However, liability can extend to vehicle manufacturers if defective parts contributed to the accident, or even government entities responsible for maintaining unsafe road conditions.
A Roanoke wrongful death attorney can investigate the accident and determine who exactly is responsible. They can gather police reports, analyze accident scene photos, interview witnesses, and consult with experts who know how to reconstruct collisions and prove the link between the fatal injuries and the crash.
Schedule a Free Consultation with Monge & Associates Today
When a motorcycle accident claims your loved one’s life, the emotional void is immeasurable. Monge & Associates helps Roanoke families transform grief into action through effective legal representation. We have secured multimillion-dollar recoveries for families facing the exact situation you are enduring now. Call (540) 453-7765 today to schedule a free case review and learn how our Roanoke wrongful death lawyers can help you seek justice.