Motorcycle accidents can be very serious, often leading to serious and life-altering injuries. When these collisions are fatal, the sudden loss of a loved one can leave families feeling overwhelmed. How will you cover the unexpected expenses? Who will provide for your family? What options do you have to seek justice?
Wrongful death lawsuits allow families to hold negligent parties accountable and seek compensation for their devastating loss. If you lost a loved one in an Atlanta motorcycle accident, you may be entitled to pursue a wrongful death claim to protect your family’s financial future and achieve justice. An Atlanta wrongful death attorney may be able to assist your family in this challenging time.
Unique Dangers Faced by Motorcyclists in Atlanta
In 2022, the Insurance Information Institute reported 6,218 motorcycle fatalities throughout the United States. Compared to motor vehicle drivers, motorcyclists are particularly vulnerable to severe injuries that can lead to death. Riders are exposed to the full force of impacts without the protective shell of a car, suffering from internal bleeding, brain damage, spinal cord injury, and more.
Motorcycles offer minimal protection against the elements and road conditions, which can also increase the severity of an accident. When a rider is thrown from their bike, they can suffer catastrophic injuries from impact with the road, other vehicles, or roadside objects. Having two wheels versus four can also make motorcyclists more likely to lose control of their vehicle, especially in adverse weather or on poorly maintained roads.
How to Prove Liability in a Fatal Motorcycle Accident
After a fatal motorcycle accident, families may choose to pursue a wrongful death lawsuit against the responsible party. These legal actions aim to hold negligent individuals or entities accountable for their actions and provide compensation to the deceased’s loved ones. These claims can be complex, often requiring the help of a wrongful death lawyer.
To establish liability in a wrongful death claim, the family’s Atlanta motorcycle accident attorney will need to prove that the following facts are true:
- Duty of Care: The defendant owed a legal duty to the motorcyclist. For example, drivers must operate their vehicles safely and follow traffic laws to protect others on the road.
- Breach of Duty: The defendant failed to uphold their duty of care through negligence.
- Causation: The defendant’s breach of duty directly led to the accident that resulted in the motorcyclist’s death.
- Damages: The family of the deceased has suffered losses as a result of their loved one’s death, including financial and emotional damages.
Potential Damages in a Motorcycle Wrongful Death Claim
In Georgia, the court can award two types of compensation in wrongful death lawsuits: damages that account for the full value of the life of the deceased, and damages that compensate the deceased’s estate for expenses related to the death. Families can recover a settlement to help pay for:
- Lost wages and the benefits the deceased would have earned
- Funeral and burial expenses for the deceased
- Medical expenses related to the fatal motorcycle accident
- The loss of care, companionship, counsel, and advice
- Other financial expenses associated with the death
Get the Legal Help You Need for Your Motorcycle Accident Case
When a motorcycle accident results in someone’s death, the at-fault party deserves to be held accountable. If you have experienced this tragedy, Monge & Associates can help you seek justice. Our Atlanta wrongful death lawyers can help your family understand your legal options, represent you during negotiations, and fight for your best interests every step of the way. For a free evaluation of your case, contact us today at (888) 653-0605.