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Many people prefer to ride on motorcycles for various reasons. However, their chance of being in a fatal collision increases. If this occurs, it will likely put a financial and emotional burden on their family, necessitating the need to file an accidental death claim. Speak to a compassionate wrongful death attorney about fatal motorcycle accidents in Orland Park and how they could help you seek justice for the loss of your loved one.
In most accidental death claims involving motorcycles, it is the motorcycle rider who ends up sustaining severe injuries or gets killed. This largely stems from the fact that motorbikes are much smaller than cars or trucks, and the rider is exposed. Many motorists do not notice motorcycles approaching them, which increases the chances of a collision.
Additionally, since motorcycle riders do not have very much protection and are not required to wear a helmet, they are the ones who typically receive the most serious injuries, including those which may result in death.
While there is no legal requirement to wear a helmet while riding a motorcycle, it is well-documented that helmets prevent many serious head injuries. Most motorcycle crashes involve trauma to the head. By wearing a helmet, the rider drastically improves his or her ability to survive if they get in an accident.
The accident may be the fault of a third party or even the motorcycle rider, but helmets save lives. Most wrongful deaths from a motorcycle wreck occur when the rider is not wearing a helmet.
Any motorcycle accident in the area has the potential to become fatal. A wrongful death case means that the injuries sustained in the accident resulted in, or contributed to, the death of the individual.
Family members of the deceased person are entitled to recover damages as a result of the negligent conduct of someone else. The damages in a wrongful death case are different than in a survival action or most other personal injury cases and are often non-economic in nature, such as loss of companionship. An experienced wrongful death lawyer could be in the best position to advise the family as to the differences between these legal claims.
There are many similarities between motorcycle accidents and those involving two automobiles. However, given the vast differences between the vehicles, the investigation and documentation of a motorcycle wreck tends to be more complex than a simple two-car accident.
There is rarely any potential liability on the manufacturer of the motorcycle. Most motorcycles are designed and manufactured in a safe manner, although a defective product claim is possible if there was some issue with the one the decedent was riding. However, it is important to have an experienced attorney investigate the accident because there may be additional causes of action or other sources of recovery that are not immediately obvious.
In all wrongful death cases, the plaintiff’s attorney must first establish liability through negligence. Liability in a motorcycle crash is slightly different than liability involving two automobiles, and a thorough investigation of a motorcycle crash is important in order to make a full monetary recovery. The steps to prove negligence are no different even if the injuries result in the death of the motorcycle rider.
If liability from another party cannot be legally established then there will be no recovery for damages. This underscores the importance of contacting an experienced wrongful death lawyer as soon as possible. A compassionate lawyer in the area could investigate a fatal motorbike incident and gather evidence in order to argue that the defendant acted negligently in a way that caused the accident.
It is never easy dealing with the sudden loss of a loved one, especially when it involves an accident due to someone else’s negligence. However, you could ease the burden by working with a dedicated wrongful death lawyer in your community to recover damages and begin to put your life back on track. Call now to learn how to file a claim for a fatal motorcycle accident in Orland Park.