Fatal Motorycle Accidents and Wrongful Death Claims

Fatal motorcycle accidents can provide surviving family members with the basis for a lawsuit against the driver who caused the accident. These are referred to as "wrongful death lawsuits." Usually, the fact that the deceased party was driving a motorcycle makes it easier to prove a claim.

Rights of Family Members

A wrongful death claim is filed by surviving immediate family members who have lost an individual because of another person's actions. Most states define "family" as spouses and children, but may permit siblings and parents to file a claim if they were dependents of the deceased party. The survivors do not have to have been involved in the accident to have a claim.

The claim states that the death placed undue financial hardship on the survivors. They seek compensation for the financial support provided to them by the deceased party in the form of lost wages and other income. They may also request damages for emotional distress due to having lost the relationship. However, emotional claims are difficult to prove and, because all deaths are sad, rarely result in large compensation awards.

Wrongful Death Claims

A successful claim must prove that the other party's driving caused the motorcycle rider's death. Most states require drivers to give motorcycle operators more room on streets, including leaving more room when following, to accommodate the higher level of exposure motorcycle riders have. This state-mandated higher duty of care makes it easier for survivors to prove that the other party was responsible for the accident. However, in response a defendant can prove that the operator violated the rules of the road for operating a motorcycle and thereby avoid all or a portion of liability for the accident. State statute determines whether this defense is available.

Statute of Limitations

The specific length of time in which a wrongful death claim for a motorcycle accident must be filed in court is set by state statute. Each state's time frame differs, but in general can be filed no later than four years after the death, and not the accident.

Compensation Awards

There is no specific set value for a wrongful death claim, regardless of whether it involves a motorcycle. The severity of the defendant's wrongdoing, the age of the deceased party, the number of dependents filing the lawsuit and the average local award for a wrongful death claim all factor into the amount of compensation. Awards usually include compensation for past and anticipated future financial losses.

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