Motorcycle accidents could potentially result in severe injuries or death for the rider. If another driver’s negligence caused the death of someone you love, you are likely facing financial burdens, including funeral expenses and loss of household income, in addition to your emotional pain.
Nothing can undo the loss of your loved one, but the law allows grieving families to seek accountability and support. These cases often involve challenging questions of fault. A motorcycle accident attorney at McCready Law who handles fatal motorcycle accidents in St. Louis could investigate the crash and help you understand the options that may be available to you and your family.
Motorcyclists face greater danger than drivers because they have limited protection in a collision. An impact that causes minor vehicle damage can be fatal for a rider, so even a brief lapse by another motorist may have deadly consequences. Drivers often fail to notice or disregard motorcycles on the road. Common causes of fatal motorcycle crashes include:
Investigators must carefully examine witness accounts, police reports, and a reconstruction of the scene to determine what happened. A St. Louis attorney could gather evidence to determine how the biker died and identify whose negligence contributed to the fatal motorcycle wreck.
Missouri Revised Statutes § 537.080 establishes a specific order for the right to file a wrongful death claim. The first category includes the surviving spouse, children, and descendants of any deceased children, as well as the deceased person’s parents. If no one in that category can bring the action, the right passes to the deceased person’s siblings or their descendants.
When no immediate family members can file, the court may appoint a plaintiff ad litem to pursue the claim. The harmed parties can file only one wrongful death action, and naming the incorrect plaintiff could jeopardize a claim. Families in St. Louis may benefit from early guidance for their motorcycle crash wrongful death claim, as an attorney could confirm who holds the right to file and make sure the case proceeds correctly.
A wrongful death claim cannot bring a loved one back, but it could ease the financial burden on their family. Mo. Rev. Stat. § 537.090 may allow the family to recover compensation for:
In cases of especially reckless conduct, the law may allow for additional damages.
The state sets a strict deadline for these claims. According to Mo. Rev. Stat. § 537.100, an individual must file a wrongful death action within three years of the date of death, which is a shorter timeframe than many other injury claims. Evidence may disappear well before then, but a St. Louis lawyer could preserve the motorcycle accident records to build a wrongful death claim as soon as the family is ready.
No lawsuit can bring back the person you lost, but taking action could bring a measure of justice and protect your family’s future. Fatal motorcycle accidents in St. Louis raise complex legal questions, and you should not have to deal with them alone while you are grieving.
The team at McCready Law understands how difficult these situations are. A compassionate attorney could review what happened and explain the legal process in a way that makes sense and reduces stress and unease. Contact the firm today to schedule an initial consultation and learn how our lawyers could help your family seek accountability.
