Everyone knows that motorcycles are dangerous. While there are certain precautions that motorcyclists can take, such as wearing a helmet, that does not mean that they are completely safe. In fact, it used to be the law that someone had to wear a helmet while operating a motorcycle, but the law has been changed and motorcyclists are no longer required to wear a helmet in Florida.
However, more often than not, accidents involving motorcyclists also involve negligent drivers. In some instances, the actions of a negligent driver can lead to death.West Palm Beach motorcycle accident wrongful death cases can be difficult to navigate alone, which is why it is important to reach out to a lawyer. If an individual has lost a loved one due to a motorcycle accident, they should consider speaking with a compassionate and dedicated wrongful death attorney that could help them receive justice.
When Does a Motorcycle Accident Become a Wrongful Death Case?
A motorcycle accident can become a wrongful death case any time that the victim ultimately dies as a result of the injuries suffered in the crash. Because of the lack of protection for a motorcycle, often the motorcyclist would die at the scene or in close proximity to the time of the accident.
Role of Negligence in These Cases
Motorcycles are much smaller, lighter vehicles that are very, very fast and sometimes what would normally be a small act of negligence, such as a sideswipe that may not result in injuries if two cars are involved, could result in very significant injuries to somebody that’s on a motorcycle.
More often than not, the plaintiff in West Palm Beach motorcycle accident wrongful death cases ends up being the person that was operating the motorcycle because of the fact that, normally, the person on the motorcycle suffers, by far, the more severe damages.
How Culpable are Motorcycle Manufacturers?
In a motorcycle crash, if the motorcycle crashed into somebody and there is evidence that the accelerator was stuck, one would want to investigate whether that defect is something that the manufacturer was responsible for or whoever serviced the motorcycle last was responsible for. This could happen in auto cases, too, when two cars are involved. If there is a defect that causes the crash and not just the negligent operation of the car, then one may be looking at a manufacturer as the at-fault party.
There are different standards that have to be met for motorcycles. Engines have to be of a certain size or not above a certain size. In a car, they have got airbag requirements and all types of safety measures that are available that are not available to motorcycles.
Damages That Survivors of the Deceased Can Claim
The types of damages that can be sought following West Palm Beach motorcycle accident wrongful death cases include economic and non-economic damages. One could have past medical bills relating to the injuries suffered in the crash. One could have past lost wages that occurred. One could also pursue future lost wages that the person would have been able to recover had they survived. The survivors can bring claims for pain and suffering, loss of companionship, and things like that. If someone has lost a loved one in a motorcycle accident, they should consult a qualified wrongful death attorney that could help them recover the damages that they are owed.