Fatal Motorcycle Accidents in San Antonio
If your loved one was killed in a fatal motorcycle accident in San Antonio, a legal civil action called wrongful death is an available remedy. In a wrongful death action, the deceased’s family may file a lawsuit against the person responsible for the fatal motorcycle accident. The court may award monetary compensation to help stabilize your family’s finances. The money awarded makes amends to the family for their loss of income, services, out-of-pocket expenses, and companionship due to the death of their family member. Reach out to our motorcycle accident attorneys to understand your legal options.
What Is the Nature of a Wrongful Death Action?
A wrongful death lawsuit requires proof that the responsible person’s negligence caused the deceased’s motorcycle accident, their injuries, and subsequently their death.
Every motor vehicle driver, including motorcycle drivers, owes a duty of care and safety toward other drivers on the road. To prove negligence, the court requires the lawsuit plaintiff to present evidence that the defendant:
- Owed a duty of care toward the injured motorcycle rider
- Breached that duty of care by their actions (or inaction) toward the deceased
- Caused the motorcycle accident that severely injured the motorcyclist, and
- Caused the deceased’s death.
San Antonio fatal motorcycle accidents may result from speeding, ignoring posted traffic signs or signals, distracted driving, and driving while intoxicated by drugs or alcohol.
Can the Deceased Motorcyclist’s Actions Affect a Claim?
An affirmative defense called comparative negligence may permit the court to reduce the compensation award. Comparative negligence means an injured person’s negligent actions may affect the compensation award. State law requires the jury to reduce the plaintiff’s award by the percentage the jury finds the motorcyclist responsible.
If the jury finds a motorcyclist 50% or more responsible for the accident, then the plaintiff is barred from recovery. An experienced attorney in San Antonio can work to refute accusations of comparative negligence in a fatal motorcycle crash claim.
Statutory Time Limits on Filing Wrongful Death Lawsuit
Statutes of limitation laws establish time limits for filing lawsuits. In Texas, the statute of limitations on a personal injury case is two years from the date of the accident. A court will dismiss any personal injury lawsuit filed after two years, and the plaintiff is barred from recovery. A skilled attorney knows the statute of limitations and can apply it to a wrongful death claim.
Hire an Experienced San Antonio Attorney After a Fatal Motorcycle Accident
Families facing financial harm due to a fatal motorcycle accident in San Antonio should contact our firm for help. Our experienced lawyers will schedule a free consultation to review the facts of your case. The attorney will assess the potential value of your case. When retained, the lawyer will investigate the events, interview witnesses, review police reports, and preserve evidence for presentation in court.
Leaving the litigation of your case to skilled professionals removes the anxiety and responsibility from your shoulders. Hiring experienced legal representation means you are free to concentrate on comforting your family members and planning the future.
