When someone dies, a motorcycle accident can quickly become a wrongful death case. DC fatalities from motorcycle accidents are a terribly stressful situation. On top of the tragedy, a person must deal with extra financial burdens as well. With the help of a qualified wrongful death lawyer, however, you can focus on what matters, like spending time with your loved ones.
How is Negligence Different in Motorcycle Accidents?
In terms of negligence, juries tend to be skeptical of motorcyclists in general. When a person has a claim arising out of a motorcycle accident, they have to do more to convince the jury of negligence. Even though a person bears a burden of beyond the preponderance of the evidence, it tends to be a little bit higher if they are dealing with a fatal motorcycle accident in DC.
Motorcycle Safety Measures
When a person has a motorcycle endorsement on their license, it needs to be inspected, registered, and insured. In addition, they are required to wear a helmet as well as eye protection. A person has to have the left side rear view mirror, they need to have a daytime headlight or modulated headlight, the handlebars cannot be more than 15 inches above the seat, they are not allowed to modify the mufflers, and they are not allowed to use or even possess a radar detector. A person cannot split the lanes, which can be common for motorcyclists.
It is important to note that if a person is not wearing a helmet and they get into an accident, often times, it will lead to a head injury. If they have a head injury and it is caused by their lack of wearing a helmet, there is an issue of contributory negligence there. Even though they are substantially injured, they might not be able to recover because of what they call contributory negligence. In a car, a person is not required to wear a helmet, but on a motorcycle, they are.
Plaintiff’s Role
In a wrongful death case due to motorcycle accidents, the plaintiff tends to be the person on the motorcycle. This is not always the case, but if a person is involved in an accident and they are on a motorcycle, they tend to be more significant accidents than if they are in a car.
Individuals Involved in Motorcycle Accidents
The individuals involved in a DC fatality from motorcycle accidents varies from case to case. Typically, if a person is on a motorcycle, they stop, and they get hit by another vehicle, that is not a manufacturer issue. In that case, manufacturers would not be involved as a party. By and large, a person does not bring a claim against the manufacturer unless there are manufacturing defects.
Seeking Damages
A person has two options for seeking damages under the Wrongful Death Act in 2012. One is damages for a wrongful death, and the other is survival. Wrongful death is a claim for pecuniary loss as well as loss of family members for the economic value, loss in services, economic loss income, funeral expenses, and medical bills. Survivorship is a claim on behalf of the survivors for conscious pain and suffering as well as medical bills for the individual who dies. For more information on DC fatalities from a motorcycle accident, contact a professional attorney immediately.