Motorcycle riders are at an escalated risk of serious or deadly injuries in motorcycle accidents, especially when a driver sharing the roadway with a motorcycle fails to take the reasonable measures required to avoid causing a catastrophic accident.
When a motorcycle accident ends in the sudden, tragic death of a loved one, it leaves family members overwhelmed with shock and grief. Dealing with the economic repercussions of the accident shouldn’t have to add to the distress; however, a fatal motorcycle accident in Texas often causes financial hardship for the victim’s family. If you’ve lost a loved one to a motorcycle accident, contact a Texas fatal motorcycle accident lawyer at Road Justice today to schedule a consultation and learn more about how we can help you get the justice you deserve.
What to Do After a Loved One’s Fatal Motorcycle Accident In Texas
It’s difficult for families to take purposeful action after a loved one dies in a motorcycle accident—especially when a careless or reckless driver caused the crash. However, knowing the steps to take to secure financial recovery and a sense of justice for the loss is a critical aspect of moving forward. First, it’s helpful to take photos of the damaged motorcycle and the accident scene to preserve evidence. Later, request copies of the police report and the medical examiner’s report. It’s also helpful to obtain a copy of the loved one’s most recent physical examination before the accident. Then, reach out to an experienced fatal motorcycle accident attorney in Texas for legal representation.
When a driver, negligent road maintenance agency, or the manufacturer of a defective motorcycle part causes a fatal motorcycle accident, the closest surviving family member can recover compensation and give their loved one a voice for justice through a motorcycle accident wrongful death case.
Who Can File a Texas Motorcycle Accident Wrongful Death Claim?
When someone else causes a fatal motorcycle accident in Texas, a close surviving family member can seek compensation from the at-fault party’s auto liability insurance or a lawsuit against a negligent road contractor or other responsible entity. Although some states allow more distant family members, such as siblings and grandparents, to file wrongful death claims, in Texas, only a spouse, parent, or child of the deceased family member may file a wrongful death claim or lawsuit, including after a fatal motorcycle accident. If you’ve lost a loved one due to wrongful death, a trusted motorcycle accident lawyer in Texas can help you understand your rights and pursue the compensation your family may be entitled to.
What Can a Family Member Recover After a Fatal Motorcycle Accident In Texas?
A sudden death causes emotional trauma, but it may also cause financial distress for the surviving family members, especially if the decedent was a family provider. After a fatal motorcycle accident in Texas, a spouse, adult child, or parent may seek compensation for damages such as the following:
- Reimbursement for medical expenses if the motorcycle accident victim required medical care before their death
- Funeral and burial costs
- Lost earnings for a family member who required time away from work
- The lost income the family member would have earned in the remaining working years they had left to them had they not suffered a fatal motorcycle accident
- Compensation for lost benefits, like health insurance and retirement contributions
- Loss of household services
- Compensation for emotional grief and anguish
- Compensation for loss of companionship and consortium, or the loss of a parent or child’s love and support
The economic losses of a wrongful death are often extensive. Most fatal motorcycle accident wrongful death claims are resolved through settlements from the at-fault party’s insurance, but some fatal motorcycle accident cases require litigation in court.