Because motorcycles do not have safety features such as seatbelts or airbags that come standard in modern passenger cars, motorcycle operators are at much higher risk of suffering serious injury in a wreck compared to anyone inside an enclosed car or truck. If those injuries ultimately turn out to be fatal, the right to file suit over the crash transfers to the decedent’s surviving family members, who can seek compensation for their own ensuing losses.
Of course, if you recently lost a loved one, you probably know all too well that pursuing a civil claim in the wake of a tragic loss is far easier said than done. However, with the help of a compassionate motorcycle accident lawyer from Tomeny | Best, you may be able to more effectively demand the compensation your family needs while also minimizing additional heartache and stress along the way. Our attorneys know how to navigate the aftermath of fatal motorcycle accidents in Lafayette.
Holding All Liable Parties Accountable for a Fatal Wreck
A motorcycle crash that results in a Lafayette resident suffering a fatal injury is always a tragedy, but the fact that someone passed away as a result of the wreck does not automatically impose civil liability for the incident on everyone else involved. Someone seeking to recover civil compensation for crash-related losses must prove that someone else was at fault for those losses, which typically entails showing through a preponderance of the evidence that they were legally negligent.
Someone is negligent under Louisiana state law if all of the following conditions are met:
- They had a duty of care to act a certain way under certain circumstances, such as the duty all drivers have to act lawfully and rationally behind the wheel while on public roads
- They breached their duty through a specific negligent, reckless, careless, and/or illegal act
- That breach of duty was the proximate cause of an otherwise preventable accident
- That accident was the proximate cause of an injury that required professional medical care or, in this scenario, directly resulted in someone’s premature death
Our qualified attorneys can explain in more detail how all of this works in practice during a confidential consultation.
Special Rules for Wrongful Death Motorcycle Crash Claims
Working closely with capable legal counsel could be the key to understanding and navigating the unique legal restrictions placed on wrongful death lawsuits involving fatal Lafayette motorbike wrecks. Only certain family members of a deceased person have legal standing to file this type of claim, and the question of who specifically should file suit in a particular scenario can have different answers depending on what kinds of surviving family members the decedent has.
It is worth mentioning as well that a different statutory filing deadline applies to wrongful death claims than to standard personal injury litigation. In addition to setting the priority order for which family members can sue for wrongful death, Louisiana Civil Code § 2315.2 sets a time limit for legal proceedings to begin.
Speak With a Lafayette Attorney About Your Fatal Motorcycle Accident Case
Suing over a loved one’s premature death is always difficult in both legal and emotional terms, especially if their death stemmed from something as traumatic as a high-speed motorcycle crash. Given the strict time limits placed by state law on these sorts of claims, it is crucial to act quickly to enforce your family’s rights after you have suffered this type of loss.
Fortunately, you have help available from capable legal professionals who have experience dealing with the aftermath of fatal motorcycle accidents in Lafayette. We will treat your family like our own as we pursue the best possible case resolution on your behalf. Call Tomeny | Best today to discuss your options.
