Fatal Motorcycle Accidents in New Braunfels
Even if a motorcycle rider is as careful, considerate, and law-abiding as possible, they may still be at risk of suffering life-threatening injuries in a wreck caused by someone else’s misconduct. If you recently lost a close family member in this way, you know how devastating this kind of tragedy can be.
Seeking civil restitution in the wake of a fatal motorcycle accident in New Braunfels can still be key to minimizing the financial impact of your loss and improving your family’s overall quality of life. From start to finish of your legal proceedings, your compassionate motorcycle crash attorney can ensure you understand every option available and help you pursue the best course of action for your unique circumstances and needs.
How Negligence Can Lead to Fatal Motorcycle Crashes
In many scenarios, the only differences between a fatal motorcycle collision in New Braunfels and a crash that only causes minor—or no—injuries are timing, positioning, and luck. In other situations, certain forms of negligent conduct can make it especially likely for a collision to cause life-threatening injuries, including:
- Driving while severely impaired by drugs or alcohol
- Speeding and other forms of reckless driving
- Intentionally aggressive driving
- Not checking blind spots while merging or changing lanes on a highway
- Running a red light or stop sign without slowing down
All these actions constitute a violation of the duty of care all drivers have to obey traffic laws, look out for other vehicles and people near them, and generally act like a responsible and rational person behind the wheel. If such a breach of duty is the main and direct cause of a motorcyclist’s death, that negligent person would be liable under civil law for damages experienced by the motorcyclist and their immediate family members directly due to the wreck.
What Damages Can Surviving Family Members Recover For?
Both economic and non-economic forms of harm can be factored into a wrongful death lawsuit based on a fatal motorcycle crash in New Braunfels. On the economic side of things, surviving family members can recover for lost financial support the decedent would have provided in the future, as well as short-term expenses like the costs of funeral and burial services. Non-economic damages typically center around emotional anguish but can also include losses of love, companionship, and guidance.
Under state law, the only people who can recover for these sorts of losses after a fatal motorcycle accident are the deceased person’s spouse, children, or parents. These same family members also have the exclusive right to file a wrongful death claim for the first three months after their loved one’s death, after which the personal representative for the decedent’s estate may take action—unless all eligible family members request that they do not—up until two years after the decedent’s death when the statute of limitations expires.
A New Braunfels Attorney Can Help After a Fatal Motorcycle Accident
No one should lose their life because of another’s misconduct, and certainly not while they were doing everything possible to be safe and responsible themselves. Unfortunately, this exact scenario plays out for motorcycle owners and their families every day.
If you want to pursue civil compensation for the harm your family has sustained after a fatal motorcycle accident in New Braunfels, a seasoned lawyer can help you do so effectively and efficiently. Call today for a confidential consultation with our team.
