While motorcycles often provide an economic and easy form of transportation, they also may expose a person to significant danger during a collision with a reckless driver. With very limited protection between a motorcyclist and the impact of their vehicle, a person could experience a fatal crash. If you lost a loved one to a deadly motorcycle accident, consider speaking with an Atlanta fatal motorcycle accident lawyer.
An experienced attorney who is well-versed in wrongful death lawsuits and who understands the impact of losing a loved one could significantly help a person’s case. They could review the facts surrounding the case and help assess potential legal strategies which may serve most effective in court to hold a negligent party responsible.
Identifying a Negligent Party
In some cases, determining the identity of a negligent party could be complicated. While the person driving the other vehicle in the motorcycle accident might have acted carelessly, other parties such as a manufacturer or an auto dealership could also be responsible. For example, a motorcycle may have been equipped with subpar or defective parts which failed to work properly during the incident. If the parts in question were something integral to the motorcycle, such as the braking system, the family of the person killed in a motorcycle collision could potentially file a negligence claim against the manufacturer. Also, if an auto dealership who was aware of the defect sold the motorcycle regardless of the potential for danger, they may also be named as a liable party in a wrongful death lawsuit.
When the disregard for the safety of others leads to the tragic death of a loved one, a dedicated Atlanta fatal motorcycle accident lawyer could work with a family member to seek justice.
Damages That May Be Distributed
The damages the survivors of an individual killed in a motorcycle accident may be eligible to receive are typically the same as the ones they could seek in any other wrongful death case in Atlanta. They could potentially seek a wrongful death claim for the full value of the life of the decedent which is often determined by a jury. They may also seek an estate claim to obtain the recovery for medical expenses, funeral expenses, and other economic losses due to the death.
Potential Impact of Comparative Negligence
Comparative negligence often alleges that a person who filed a negligence claim is also responsible for the accident and injuries. The opposing party could accuse the decedent of acting recklessly and therefore contributing to the accident. This could be through exceeding the speed limit or ignoring a traffic signal. Also, if a helmet was not used during the time of the collision, an accused party could potentially argue that a person’s injuries might have been exacerbated by the lack of a helmet. However, a resourceful injury attorney could help refute the counterclaim.
Contact a Fatal Motorcycle Accident Attorney in Atlanta
If you lost a family member to a motorcycle accident where another party acted carelessly, consider meeting with an Atlanta fatal motorcycle accident lawyer. They could examine the case and help a person who is grieving the loss of a loved one seek justice by filing a claim against a negligent party. Reach out to an experienced injury attorney today.