Motorcycle accidents are not as common as collisions between two passenger cars, but the results are often far more catastrophic. In many situations, the outcome of these accidents is a life-threatening injury. A compassionate motorcycle accident attorney from Tomeny | Best could help pursue justice following a tragic loss.
If your loved one passed away in a fatal motorcycle accident in Baton Rouge, you may have a claim for damages through a wrongful death action. These lawsuits are complex, but they might provide you with the only avenue for securing justice after the death of a family member.
How Fatal Motorcycle Accidents Happen
Riders face the risk of life-threatening injuries every time they take to the road. There are natural risks that come with these collisions, as motorcycles offer far less protection compared to larger passenger vehicles.
Careless Turns
One of the most common causes of Baton Rouge fatal motorcycle accidents is a driver carelessly turning left in front of a rider at an intersection. Many motorists fail to keep an eye out for these much smaller vehicles, and it is difficult, if not impossible, to avoid a crash once the careless motorist begins their turn.
Visibility
Visibility issues are often partially to blame. Drivers train their eyes to watch for larger vehicles but frequently attempt to change lanes without making sure a motorcycle is not in their blind spot.
Defects
Other collisions result from defects. This might include a defective part on the motorcycle or the passenger vehicle that struck it. Some examples include malfunctioning headlights or braking systems. In these cases, pursuing legal action against the manufacturer is often possible.
Who Can File a Wrongful Death Action?
Louisiana law is clear on which parties may file a wrongful death lawsuit. While some states only allow the decedent’s estate to file a suit in the event of a fatal motorcycle crash, that is not the case in Baton Rouge. Instead, specific surviving relatives are empowered to pursue the case on behalf of their loved one.
This right initially falls to any surviving spouses and/or children. These parties can file a case together or do so separately. Only one of these individuals must be alive to have the first opportunity to file a claim.
If there are no surviving spouses and/or children, these rights fall to the parents of the deceased motorcyclist. Next in line are any siblings, followed by surviving grandparents. There are some unique rules to be aware of as well, like a parent’s inability to seek compensation if they abandoned their child before their death. An attorney could answer questions about these exceptions.
Talk to a Lawyer in Baton Rouge About Fatal Motorcycle Accidents Today
If your family member lost their life in a fatal motorcycle accident in Baton Rouge, you may have the right to file a lawsuit against the responsible party. These civil cases are often the only chance for surviving relatives to get any degree of justice.
Call the experienced legal team at Tomeny | Best right away to learn more about your available legal options today during a free consultation.
