For many motorcycle enthusiasts, their love for riding is more than just a casual hobby: it is a lifestyle. For all the joy and freedom a biker may feel on the open road, riding a motorcycle can also carry significant risks, many of which come from negligent motor vehicle drivers. Car crashes involving motorcycles can cause significant injuries, long-term disabilities, and even death.
Fatal motorcycle accidents in Leander can create a wake of emotional pain and financial expense that surviving loved ones must face on the decedent’s behalf. Whether you need help filing a survival action, wrongful death lawsuit, or managing the other administrative tasks that come with such a tragedy, an experienced attorney can help you hold the negligent driver responsible for their actions and get your family the compensation you deserve.
Many fatal motorcycle accidents are caused by negligent drivers. People driving motor vehicles should stay alert, obey traffic signs, and follow traffic laws. When a driver fails to maintain this standard of care, they could be negligently responsible for injuries caused by their carelessness.
Under Texas Transportation Code § 545.0605, motorcyclists have the same rights and responsibilities as any other driver on the road, and cars cannot prevent bikers from having full, safe access to their lanes. Drivers who do not exercise due caution when changing lanes on a highway, for example, could impede a motorcyclist’s movements and access to the road in a way that negligently causes a collision.
Not all motorcycle accidents can be attributed to a driver’s negligence. A fatal motorcycle accident attorney in Leander can help determine the merits of a lawsuit and provide the proper evidence to support it.
Bereaved loved ones in Leander looking for justice from a negligent, fatal motorcycle crash may have multiple avenues for remedy. Two of the most common are survival actions and wrongful death actions. Beneficiaries and estate administrators may qualify for one or both cases.
Per Texas Civil Practice & Remedies Code § 71.002, a person may be culpable for a wrongful death when they commit an unlawful act, such as negligent driving, and someone is fatally wounded as a result of that wrongful act.
Typically, the only people who can file a wrongful death action are a decedent’s spouse, parents, or child, though other representatives may be available when immediate family members are not. Wrongful death actions can collect compensation for costs, including the deceased’s funeral expenses, lost future income, and any related emergency care they received prior to their passing.
Survival actions are similar to wrongful death actions in that these lawsuits are generally filed by a surviving loved one on a decedent’s behalf, but survival action lawsuits are not related to the death itself.
Under Texas Civil Practice & Remedies Code § 71.021, survival actions allow qualifying representatives to sue for the damages the victim would have been entitled to if they had survived the fatal accident. The philosophy behind a survival action is that a negligent driver should still be responsible for the injury they caused even when the motorcyclist did not survive their injuries.
Survival actions can allow families to recuperate costs related to economic damages like medical care and lost wages, as well as noneconomic damages like pain and suffering. An experienced attorney can help a family identify which costs they can include in their survival action.
It is devastating to lose a loved one in a motorcycle crash. From medical bills, mental anguish, and loss of companionship, you may be owed financial compensation for numerous economic and noneconomic costs. A wrongful death attorney with experience trying fatal motorcycle accidents in Leander can offer you support during this difficult time to help you get the justice and reparations you deserve. Contact us to discuss your case.