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Unfortunately, when a motorcycle rider is involved in an accident, the injuries sustained by the motorcyclist tend to be much more severe than those of the person in the car. Motorcyclists have a high risk of injury, and the risk of death is even higher. If a motorcyclist is in an accident without a helmet, the chance of head trauma is great. Head trauma is the leading cause of fatalities in motorcycle wrecks. Despite this, there is no law that requires the motorcycle rider to wear a helmet. Even though it is not legally required, it is always best to wear some type of protective headgear when riding a motorcycle.
If an at-fault driver causes an accident with a motorcycle rider which results in the death of the motorcyclist, then a wrongful death case will arise. Every driver on the road has a duty to be careful and keep a lookout for motorcycles. If a car strikes a motorcyclist resulting in a fatality, the at-fault driver can be held legally liable for wrongful death.
It is best to speak to a diligent motorbike accident attorney to discuss fatal motorcycle accidents in Oak Lawn.
Most motorcycle accidents involve operator error. It can be the motorcycle rider or another vehicle or a combination of both.
In rare circumstances, something with the motorcycle can malfunction, causing the accident. In these types of cases, it is essential to preserve the motorcycle and have it inspected to prove the cause of the accident. If the motorcycle rider cannot prove that there was a defect, then there will be no recovery for that accident.
Prior to selling a motorcycle, a distributor must ensure that it is in good working order. As long as it is new, it is likely to have been approved when sold. However, when purchasing a used motorcycle, it is important to have it inspected by someone knowledgeable about motorcycle construction.
If someone purchases a motorcycle which has a defect, there may or may not be a legal recovery if it causes an accident. For this reason, motorcycle owners should also be familiar with the operation and maintenance of their bikes. If a motorcycle malfunctions, the chances of severe injury or fatality is great.
In order to make a recovery for wrongful death involving a rider of a motorcycle, one must first prove negligence. Negligence means that the other driver was not operating their car with reasonable care, which resulted in the accident. If the accident was the fault of the motorcyclist, then there will not be a wrongful death case.
Once the attorney establishes fault, then they will help establish the consequences of the loss to the family. Whenever someone is killed in a motorcycle accident as the result of the negligence of someone else, a wrongful death cause of action will arise. Speak to a skilled attorney to learn about the steps to take following fatal motorcycle accidents in Oak Lawn.
When a motorcycle rider is killed as the result of negligence, their family will have a wrongful death case. The damages in a wrongful death case include the loss of companionship as well as the grief experienced by the surviving family.
A wrongful death lawyer will be in the best position to help the surviving family deal with their grief, as well as document and preserve evidence for a wrongful death case. Ultimately, the lawyer must prove the extent of the loss and damages in a wrongful death case.
Most motorcycle accidents are the result of negligence on behalf of the parties involved. Because of the difference in size between a motorcycle and a car, it is typically the motorcycle rider who receives more serious injuries. In a motorcycle versus car accident, the plaintiff’s attorney must prove who was at fault and prove injuries.
Following a collision, it is best to speak to an attorney to learn about your rights and legal options after a fatal crash. Call today to discuss fatal motorcycle accidents in Oak Lawn.