Motorcycle accidents are some of the deadliest auto accidents. Drivers on motorcycles are often equipped with safety gear like helmets, goggles, jackets, and gloves, but many of these pieces of safety gear cannot stop fatal injuries caused by negligent drivers. Cars and trucks on the road can cause serious injuries and deadly accidents if their negligent driving leads to a crash with a motorcycle.
The Baltimore motorcycle accident wrongful death lawyers at the Law Offices of Randolph Rice may be able to help if a member of your family was killed in a motorcycle accident in Baltimore. Our lawyers represent families seeking compensation for the wrongful death of a loved one and fight to get them the justice they seek from the responsible parties. To set up a free legal consultation on your case, call our lawyers today at (410) 694-7291.
Filing a Wrongful Death Lawsuit for a Fatal Motorcycle Crash in Baltimore
A driver who is injured in a car accident or other auto accident is typically entitled to sue the driver who was at fault for the crash. Under Maryland law, this typically means finding the driver who committed errors or mistakes behind the wheel that resulted in a crash. In cases where there was not only injury but also death because of a driver’s negligence, the surviving family of the deceased can often file a lawsuit in place of the victim.
Typically, the spouse, children, or parents of the deceased would file a wrongful death lawsuit for the loss of a loved one. This lawsuit might also be able to benefit other family members under the deceased’s care if there are no spouses, parents, or children available to file the lawsuit. This lawsuit covers certain types of damages and is technically separate from a “survival action,” which can recover other damages associated with the death of a loved one. Your lawyer will typically file either or both of these lawsuits, as appropriate in your case.
When you file this kind of lawsuit, you must prove who was at fault for the crash and prove the damages the victim and the rest of your family suffered because of their negligence.
Proving Fault in a Motorcycle Wrongful Death Lawsuit
To prove that a driver was responsible for a crash that killed your loved one in Baltimore, you must show evidence that they committed some act or omission on the road that was “negligent.” To meet this standard of negligence, you must show the court evidence that the at-fault party owed the victim a duty, that they breached that duty, and that the breach of duty caused the victim’s injuries or death.
Many traffic laws help supply us with these legal duties that drivers on the road owe each other. This means that if the at-fault driver was speeding, ran a red light, was driving under the influence, or committed another traffic violation to cause the motorcycle accident, they are likely responsible. In some cases, there is no law squarely on point to supply a duty, in which case the driver is required to drive with the care and skill that a reasonably prudent driver would have used in the same situation. These are intended to be objective standards the jury can use to compare the driver’s actions to what they should have done.
If the court is presented with evidence that multiple drivers were at fault, they might assign partial blame to multiple parties. For instance, a motorcyclist could be killed in an accident because two drivers next to them crashed and one swerved into their lane. In that case, the other drivers might each pay their fair share of the damages according to their percentage of fault in causing the crash. If the court finds that the motorcycle rider who was killed was partly at fault for their own injuries, the court might block the lawsuit, so it is important to talk to a lawyer to help control the case and fight against any counterclaims.
Damages in a Baltimiore Motorcycle Death Lawsuit
If your loved one was killed, there is a range of damages you might be able to claim in wrongful death and survival actions. Some of these damages stem from the crash and the damages that the deceased would have been able to claim had they survived the crash, and others are claimed by the family for harm that they faced because of the death.
If your loved one had lived, they would have been entitled to claim damages for their medical care, lost wages, and pain and suffering. You can claim these damages on their behalf, seeking coverage for the medical expenses they faced, the lost wages their injuries and death will cause the family, and the pain and suffering your loved one faced before their death. Other damages, such as damage to the motorcycle, may also be claimed.
Surviving family members can claim compensation to cover the cost of funeral and burial expenses. In addition, the untimely death of a loved one might cause lost money the family would have realized from investments, inheritances, and other sources. The family can also claim the cost of lost companionship, grief counseling, lost spousal services, and lost household services.
Call Our Baltimore Motorcycle Lawyers for Fatal Accident Lawsuits
If you lost a loved one in a motorcycle accident in Baltimore, the Law Offices of Randolph Rice’s Baltimore motorcycle accident wrongful death attorneys may be able to help you seek justice. While a lawsuit will not alleviate the pain of losing a loved one, it can help ensure your family’s financial stability and help you move forward with your lives knowing that the at-fault parties have been held responsible. For a free legal consultation on the case and the damages you may be entitled to claim, call our lawyers at (410) 694-7291.