Legal Steps To Take After A Motorcycle Accident

By Allen Flatt Ballidis & Leslie on October 2, 2024

While motorcycles are an exhilarating and convenient way to get around crowded Southern California roadways, they have an extreme drawback–danger. Motorcyclists are 20-30 times more likely to perish in an accident, and even minor accidents are much likelier to result in injuries due to deficiencies in protective clothing and a lack of structural protection.

Unfortunately, the roads in the Golden State are only getting more dangerous. A sharp increase in reckless driving activities since 2019 has caused a spike in traffic fatalities across the board. The chances of a motorcyclist getting into a deadly accident outside of their control are now higher than ever.

The victims of these deadly accidents leave behind a family that now has to deal with both the grief and the stressful legal and financial consequences of their unexpected passing. In addition to any possible criminal proceedings associated with the accident, the family of the victim will likely need to file a wrongful death claim to compensate for the costs and suffering incurred.

Here are the steps that you will need to go through to prepare for a legal action that is most likely to end in your favor:

Step 1: Investigation & Gathering Evidence

The result of your wrongful death claim is decided by determining who was liable for the accident. Determining liability requires presenting evidence that the defendant’s actions were ultimately responsible for the resulting accident.

Evidence includes police reports, witness eye testimony, and any available video or photo evidence of the accident or the moments leading up to an accident. Unexpected sources often provide a case’s strongest evidence, but these sources are usually passed over by the untrained investigator.

Step 2: Documentation

The second element of a successful wrongful death claim is presenting evidence of losses incurred by the death of your loved one, otherwise known as damages. Damages encompass a wide variety of costs including medical bills, funeral expenses, and even potential losses from lost income, and punitive damages for the suffering the loss caused in your life.

This step will involve collecting documentation proving that these costs were incurred, including hospital invoices, insurance appraisals for damaged property, and calculations for potential and punitive damages for negotiations or during the trial.

Step 3: Contacting & Negotiating With Insurers

Insurance companies are often responsible for paying out the damages associated with the crash. In a perfect world, the insurer of the party responsible for the accident would pay out the full extent of the damages once the final bill has been tabulated, with no questions asked. 

Unfortunately, we don’t live in a perfect world, and insurance companies will work to reduce the damages they are responsible for as much as possible. For accidents involving death, you will likely be required to negotiate with trained insurance agents who will pressure you to settle for a lower payout.

Step 4: Filing Suit & Going To Trial

If negotiations break down, you will need to take the other party to trial to receive any compensation for your loved one’s passing. The State of California dictates that the statute of limitations for a wrongful death claim is two years, which means you have a time limit to initiate proceedings.

To file a lawsuit, you must determine which court will have jurisdiction over your case, file a complaint, and serve it to the defendant. You will need to present evidence, question witnesses, and answer the defenses raised by the defendant.

When And Why To Go To A Personal Injury Attorney

Losing a loved one suddenly to an accident is one of the most stressful and painful experiences a person can go through. These tragedies can leave you shattered and in an unstable psychological state. This makes it difficult to process necessary daily activities, let alone prepare yourself for the rigors of initiating a lawsuit. 

Hiring the services of a personal injury law firm like Allen Flatt Ballidis & Leslie allows you to offload all of these excess responsibilities and focus on your grief and recovery. Working with a personal injury attorney to prosecute your wrongful death lawsuit also provides access to resources that significantly increase the chances of success.

Allen Flatt Ballidis & Leslie works with a professional team of investigators and associates with extensive experience collecting evidence and documentation, providing your case with all the evidence it will need to conclude successfully. Our experienced and successful attorneys will work tirelessly to represent your interests during negotiations and trials. We can help prepare your care so that you receive any compensation you and your family need to survive and thrive in the painful years to come without your loved one.

Motorcycle accidents can bring unbelievable tragedy to your life, and you deserve restitution for your loss. If your loved one has been involved in a fatal accident due to the negligence of others, contact our experienced injury attorneys at www.allenflatt.com/contact.html or call (949) 752-7474 for a free consultation.