While motorcycle collisions are not more common than accidents involving other kinds of vehicles, they are far more likely to result in fatalities. If someone close to you has tragically lost his or her life near Queens because another driver acted carelessly, you should discuss your situation with the compassionate motorcycle crash attorneys at the Cassisi Law Firm. We help injured individuals and families grieving for the untimely loss of a loved one in the Bronx, Brooklyn, and communities throughout Nassau and Suffolk Counties.
Call our Queens fatal motorcycle accident attorneys at 718-441-5050. Let us advise you on whether you have a claim for compensation
The dangers associated with motorcycle riding are all too familiar. Not only are these vehicles harder for the drivers of passenger cars to see because of their small size, but motorcyclists have very little to protect them from the impact of a crash even when they are wearing helmets and other protective equipment.
When a rider is struck and killed by another vehicle, it is sometimes because the driver of the other car did not see the motorcycle. In these cases, the motorist often may be held liable for damages through a wrongful death claim. This is a special type of lawsuit in which the close relative of an individual who has died in a preventable accident may recover reimbursement from a person or entity responsible for causing their loss.
The elements of a wrongful death claim are essentially the same as those of an ordinary negligence case in which the victim has survived. The decedent’s family member needs to prove that the defendant, usually another driver, had a duty of care that he or she violated with some careless action, known as a breach. It is generally accepted that everyone has the responsibility to act with reasonable care when getting behind the wheel of a vehicle. Common examples of a breach in the context of motorcycle accidents include a negligent left turn when a driver fails to see a motorcycle in oncoming traffic and an unsafe lane change when someone is not aware of a rider traveling in the same direction.
Once duty and breach have been shown, the bereaved family member still needs to prove that his or her loved one would not have been hurt if the defendant had acted with the appropriate level of care. Sometimes a motorcyclist’s own negligence may contribute to a crash. Even when this happens, however, New York’s rule of comparative negligence can allow the family of the deceased person to pursue compensation in proportion to the degree of the defendant’s fault.
If the accident was a direct and foreseeable result of a driver’s carelessness, the victim’s bereaved relatives may be able to recover a wide range of damages that arose from the crash. Some available types of compensation may include funeral and burial expenses, hospital bills, and conscious pain and suffering, as well as lost companionship, consortium, and support.
In some situations, more than one defendant may be responsible for a fatal accident. If a driver was an employee of a company, that entity may be held indirectly liable if he or she was acting in the scope and course of employment at the time of a crash. Another party that may have contributed to the tragic death may be the maker of the motorcycle or one of its components if there was a defect in its manufacture or design.
There are many factors that may cause a fatal motorcycle accident, and thus you may have several options in considering whom to sue and what theories of liability to use.
Contact us at 718-441-5050, or use our online form to set up a free consultation.