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Losing a loved one is always terrible. Losing them because someone else was negligent only adds to the pain. Since riding motorcycles is more dangerous than operating other types of motor vehicles, some people treat motorcycle wrecks—even fatal ones—as something the rider should have anticipated. They ignore the role that negligence played in the death, which can leave the family feeling like there is no justice.
If you have lost a loved one in a motorcycle accident, there is a way to seek justice from the wrongdoers. You can file a wrongful death lawsuit. These claims are legal actions alleging that a person’s negligence led to the death of a loved one. They are one of the best ways personal injury attorneys can help families get justice after fatal motorcycle accidents in Missouri City.
Motorcycle accidents always have a high potential for serious injuries or death. The riders lack the same protective equipment that people have in cars. While they can use helmets, safety glasses, boots, and protective clothing to reduce their chance of severe injuries, they remain a high risk in an accident. Spinal cord injuries, neck injuries, back injuries, lacerations, internal injuries, crush injuries, multiple broken bones, and blood loss are all possible causes of death.
Traumatic brain injuries (TBIs) are one of the more common ways that people die in motorcycle accidents. When someone hits a motorcycle rider, it is very common for the rider’s head to impact with the ground. That impact can lead to a TBI, which can result in death. The death may be immediate or can occur in the aftermath of the accident.
When a TBI leads to death in a motorcycle accident, one of the most critical issues is whether the rider is wearing a helmet. Texas mandates helmets for all riders and their passengers but has plenty of exceptions. If a rider is 21 or over and either has motorcycle-specific insurance or has taken a motorcycle safety course, then helmets are optional.
However, even when helmets are optional, choosing not to wear one can impact fault in an accident. An attorney can help you understand how helmets and other safety equipment can impact a fatal motorcycle accident claim in Missouri City.
Some states separate death claims into two categories—survival claims and wrongful death claims. In those states, survival claims are for harm against the deceased before they die, while wrongful death claims are for the harm the deceased’s family experiences due to their passing. Texas does not separate these claims. Instead, a wrongful death claim handles the deceased and the survivors’ harm.
Texas Civil Practice & Remedies Code § 71.002 outlines the state’s wrongful death action. It allows surviving spouses, children, or parents to bring a suit after a fatal Missouri City motorcycle wreck. They can make a claim together or bring individual claims. Other family members do not have the right to bring a suit. However, if the immediate family members choose not to bring suit, the administrator of the deceased’s estate can do so.
The survivors can seek expenses for funerals, burials, lost wages, lost earnings, and the decedent’s medical bills. They can also seek damages for their own losses, such as mental health care costs, emotional distress, and loss of different types of support. In addition to financial support that includes companionship and care, it also addresses less apparent types of financial support like paying for childcare, household help, etc.
The amount of compensation available depends on the unique circumstances of the case. Factors the court will consider include the deceased’s earnings, the relationship between the parties, the financial expenses related to the death, and how many people are making claims.
After the death of a loved one, you have to deal with so many different emotions and details. It can be tempting to accept the first settlement offer you get. However, insurance settlement offers are notoriously low. Talking to an attorney about the appropriate settlement or wrongful death awards after fatal motorcycle accidents in Missouri City can ensure you have the information you need to make the best decisions for you and your family. Schedule a consultation to learn more.
Lone Star Injury Attorneys, PLLC
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