Fatal Motorcycle Accidents
Motorcycles provide riders with both enjoyment and a convenient, fuel-efficient way to travel. However, motorcyclists are at a much higher risk of injury compared to individuals in cars or trucks. This is because their vehicles do not offer the structural protection of other automobiles. If you have lost a loved one in a collision, you may be able to take legal action. At Miller Legal Services, our experienced motorcycle accident attorneys have helped numerous individuals from Marietta and the surrounding communities try to hold accountable the parties responsible for their loss.Taking Legal Action after a Fatal Wreck
The United States Department of Transportation estimates that motorcycle riders are 35 times more likely than car or truck drivers to be killed in a wreck. When a rider tragically loses his or her life because someone else acted carelessly, surviving family members may want to consider the possibility of filing a wrongful death claim to seek damages. They may be able to obtain compensation for medical expenses, funeral and burial costs, and the conscious pain and suffering of the deceased person before he or she died. Other types of damages may arise from the relationship of the victim to the relatives bringing the action, such as the loss of companionship, consortium, or support, and the effect of the deceased person’s lost earning capacity on their lives. To establish the right to compensation, a person bringing a wrongful death claim must show four things:
- The driver, or other party responsible for the accident, had a duty of reasonable care;
- This duty was breached;
- The breach of duty directly caused the accident; and
- Quantifiable damages resulted that can be compensated.
In general, everyone who operates a motor vehicle is expected to adhere to a standard of reasonable care. This means taking the same degree of precautions that the ordinary person would take in similar circumstances. While breaking a law or a traffic rule is a common example of a breach, types of behavior that are not technically illegal also may violate the duty if the typical driver would not engage in them in a particular situation. To meet the third requirement of causation, the victim’s relative must show that his or her loved one would not have been struck if the defendant had met the appropriate standard of care, and the accident must have been a reasonably foreseeable result of the breach.
There are strict time limits in Georgia, as in other states, on filing a wrongful death claim. If you do not take legal action within the appropriate period, the statute of limitations probably will bar your right to compensation. This makes it especially important to lose no time in consulting an attorney if you believe that you have a claim.Discuss Your Wrongful Death Claim with a Marietta Attorney
The skilled wrongful death lawyers at Miller Legal Services understand that dealing with the loss of a loved one in the Marietta area is never easy. Probably the last thing you want to think about is a legal claim. However, while nothing can undo the pain you feel, holding the negligent party responsible can help alleviate the financial losses and burdens arising from a wreck and put your mind at ease. We take pride in keeping an open line of communication with our clients and are here to answer any questions or concerns you may have. We proudly represent injured individuals and bereaved families throughout Georgia, including in Smyrna and Roswell. You can give us a call at 770-284-3727 or contact us online for a free, no-obligation consultation.