North County Fatal Motorcycle Accident Attorney
Motorcycle accidents happen too often in North County San Diego. According to a fact sheet from the Insurance Institute for Highway Safety (IIHS), “motorcycles are less stable and less visible than cars,” and as such riders tend to sustain severe and fatal injuries in motorcycle crashes. In 2015, there were nearly 4,700 motorcyclist fatalities in motor vehicle crashes. While fatalities caused by motorcycle accidents had been on the decline over the last couple of decades, in the late 1990s we began to see an increase again. By 2013, the total number of motorcycle fatalities had doubled from the total in 1997.
If someone you love sustained fatal injuries in a motorcycle crash, you should learn more about filing a wrongful death claim. An experienced North County fatal motorcycle accident attorney can assist you with your case.Getting the Facts About Motorcycle Accidents in North County
In addition to the statistics we mentioned above, what else do you need to know about fatalities caused by motorcycle accidents in North County, including the cities of Poway, Escondido, Oceanside, and San Marcos. The IIHS provides some of the following facts and figures:
- There are 27 times more motorcycle deaths than automobile passenger deaths;
- Nearly 30% of all motorcycle fatalities affect riders without a valid driver’s license;
- More than 40% of deadly motorcycle accidents are single-vehicle crashes;
- Around 30% of all fatally injured motorcyclists are under the age of 30;
- More than 90% of motorcycles who die in crashes are male;
- More than 60% of deadly motorcycle collisions affect motorcycle passengers;
- About 60% of motorcyclists who sustain fatal injuries were wearing accidents at the time of the crash; and
- The larger the motorcycle engine size, the greater the likelihood of a serious or fatal collision.
The potential legal cause of action arising from a motorcycle accident death case is called a “Wrongful Death” claim. To file a wrongful death claim in a fatal motorcycle accident, you must have been closely related to the deceased. Under the California wrongful death statute, cases typically must be brought by one of the following:
- Surviving spouse;
- Surviving domestic partner;
- Children; or
- Persons who would be entitled to the deceased’s property through intestate succession (when there is no surviving spouse, domestic partner, or children).
The statute of limitations is the time period that a party has to file a claim, or otherwise be barred. The statute of limitations for wrongful death claims in California is two years from the date of death, but there are special considerations in cases where a governmental entity might be involved. For example, if the death was caused by someone driving an Oceanside trash truck, or car owned by local school district, the time for initial filing might be within six months of the wrongful death. If there is no public entity involved, then you must file a wrongful death lawsuit within two years from the deceased’s date of death, or else you can lose your right to seek compensation through a lawsuit.Damages Available in a North County Wrongful Death Lawsuit.
What type of damages can a North County fatal motorcycle accident lawyer seek in a wrongful death claim? Typically, the survivors of the deceased may be eligible to receive both economic and non-economic compensatory damages, which can include the following:
- Funeral and burial expenses;
- Medical bills for the deceased prior to death as a result of the motorcycle crash;
- Deceased’s lost income; and
- Loss of love and affection.
You may be able to seek other damages as well, and you should discuss your options with a qualified lawyer in North County who handles motorcycle death claims.Contact a Wrongful Death Attorney in North County
Do you have questions about filing a wrongful death lawsuit after a fatal motorcycle accident? At the Walton Law Firm, we have represented many victims of motorcycle accidents, and know that this is an incredibly difficult time. We are here to help in any way we can. Contact the Walton Law Firm today for a free consultation about your case.