Rock Hill Fatal Motorcycle Accident Lawyer
Motorcycle accidents are extremely dangerous. A motorcycle versus a car usually has more catastrophic injuries to the person on the motorbike and can even cause death. The circumstance in which a motorcycle accident could become a wrongful death case is if the individual on the motorcycle was killed as a result of the wreck or as a result of the injury suffered at the wreck due to someone else’s negligence.
If your loved one was killed in a fatal motorcycle accident in Rock Hill, it is best to retain the services of a knowledgeable lawyer. A dedicated wrongful death attorney at Schiller & Hamilton could work to help you hold the negligent party accountable for their actions.
Common Causes of Fatal Motorcycle Crashes
There is a myriad of reasons why a motorbike collision could occur. Typically, the most common motorcycle accident is somebody turning left in front of a motorcycle. It is hard to evade that type of accident. Other examples are somebody pulling out from a side street or running a red light and broadsiding someone on a motorcycle. The most common is somebody making a left turn in front of a motorcycle, and as a result of that crash, the individual on the motorcycle dies, which gives rise to a wrongful death action.
In many situations, it is usually another vehicle causing the accident. The other vehicle could be considered negligent by not obeying the traffic rules and making either a left turn or pulling out in front of a motorcycle.
The difficulty for most drivers in automobiles is that it is hard for them to judge both the speed and the distance of a person on a motorcycle. Often, when the driver first sees the motorcycle, they are not able to judge the speed or the distance of the motorcycle because they are so used to seeing two headlights or a larger vehicle coming in their direction. They could judge that a little better because they are used to it.
What Are Some Safety Measures Motorcycle Manufacturers Must Check Before Declaring That a Bike Is Safe to Ride?
The safety measures motorcycle manufacturers must check before declaring a bike is safe to ride are that all the safety equipment on the bike is working, including the brakes, headlights, and clutch. The safety measures ensure that the bike is running properly. Typically, the front and back brakes need to be working properly, the daytime running lights on the motorcycles need to be functioning properly, and all turntables need to be functioning properly.
What Damages Can the Decedent’s Surviving Estate Seek?
We understand that no amount of money could make up for the loss of your family member. Still, getting compensation from the party whose negligence ended your loved one’s life prematurely can provide closure and help with the financial pressures one can experience after losing the income that used to help support the family.
Types of Damages Recoverable After a Fatal Motorcycle Collision in Rock Hill
There are two types of damages that could be sought by the survivors of an individual who was in a fatal motorcycle accident: wrongful death benefits and survival benefits.
Wrongful death damages are the damages suffered by individuals who have lost their loved ones. It is financial support, love, and affection.
Survival actions are the damages that the individual who is deceased suffered. It could be conscious pain and suffering, medical expenses, and funeral expenses. The estate brings both actions for those damages.
How We Can Establish the Liability of the Party Who Caused the Fatal Motorcycle Accident
If someone else’s negligence caused the crash that took your family member’s life, we must prove four elements to hold that person liable:
- The defendant had a legal duty of care. Let’s say that the at-fault party was another driver. Everyone who drives on public roadways must follow the traffic laws and drive cautiously.
- The defendant breached their duty of care. Failing to act in a way that meets the legal duty is negligence. For example, driving while filming a live stream of the driver singing or talking is reckless because the driver does not devote their full attention to driving.
- The negligent act directly caused the accident. Because the other driver was distracted by performing and filming while behind the wheel, they did not notice the motorcycle in the lane ahead before crashing into it. The careless conduct caused the collision.
- There were quantifiable, compensatory losses. Physical injuries like fatal wounds satisfy the measurable damages requirement of legal liability.
In this situation, the negligent driver could get sued for the harm they caused in the fatal motorcycle accident.
Three Mistakes That Could Reduce Your Financial Compensation
When dealing with grief over the unexpected loss of a loved one, it is easy to make an honest mistake that could reduce the amount of financial compensation you could recover. Here are a few pointers about situations you might want to avoid:
- Letting the claims adjuster talk you out of having a personal injury attorney handle your claim. Insurance companies have hundreds of defense lawyers working for them, so why would they want you not to have your own legal counsel? If a multibillion-dollar corporation finds attorneys helpful, so can individuals.
- Assuming that the at-fault party will pay you a fair settlement without negotiating. The claims adjuster does not work for you. The adjuster’s job is to get you to accept as little money as possible for your legal claim. That does not make them bad people – they are just doing their jobs. Your attorney can negotiate directly with the insurer on your behalf.
- Venting on social media. We understand you might need to have an outlet for the intense emotions you are feeling right now. Still, we advise you to stay off social media until we resolve your legal case. The at-fault party’s insurer could access your accounts, regardless of your privacy settings, and use your photos and posts against you.
We provide additional guidance for our clients to help them avoid these and other potential pitfalls.
You Could Use a Rock Hill Fatal Motorcycle Accident Lawyer You Can Trust
You might be overwhelmed emotionally right now, dealing with the grief of suddenly losing your close relative. You likely have about 100 things to do, dealing with your loved one’s estate, funeral arrangements, and other details that have to get addressed when someone dies.
We cannot take care of all those issues, but we can take some of the load off your shoulders by taking care of the legal claim against the party whose carelessness took your family member’s life.
To give you a little insight into how we treat people, here are just a few examples of the five-star testimonials our clients have posted about us on Google:
- “Everyone was very professional but most importantly they were kind. From the beginning of my process down to the receiving of my payment, my best interest was placed above the dollar sign. Charlie, Derek and Melissa treated me as if I was one of their close family members. You always want people (a company) like this in your corner!” Sheresa H.
- “Most of all my family was treated like there family, my kids enjoyed the time spent in the office, Joel and his team did an amazing job on my case. HIGHLY RECOMMEND‼️” LaCarlis D.
- “I had amazing service at Schiller & Hamilton. We spent a lot of time together working on my case and they were kind, helpful and responsive. Charlie and his team did an amazing job closing my case, and winning! Highly recommend. Thank you for your help I’m very grateful.” Alexandria A.
You and your family deserve to be treated with compassion and respect during this difficult time. We will work relentlessly to get the compensation you deserve. While our Rock Hill fatal motorcycle accident lawyer takes care of the fatal injury legal claim, you can focus on taking care of yourself and your family.
Three Things to Do After Your Close Relative Dies in a Rock Hill Motorcycle Accident
There will be many things on your to-do list after your loved one’s passing. Here are a few things you might want to consider to lighten your load and protect your legal right to compensation:
- Get someone to handle the legal matters of the accident claim for you. Fighting with the at-fault party’s liability carrier is stress that you do not need. Our Rock Hill fatal motorcycle accident lawyer can take care of those tasks for you. You will not have to worry about things like the filing deadline or other issues when we handle your case.
- Preserve all evidence from the motorcycle accident. You do not want the motorbike to get taken to the salvage yard before your legal team can document damage from the collision. Also, the motorcycle will be essential evidence if a faulty repair or design defect contributed to the crash.
- Allow yourself time and space to grieve. You are not a superhero. With us on the case, you do not have to be a superhero. You can give yourself permission to be a human being who has lost someone very dear to them. Take care of yourself and your family.
You can count on us to treat you with respect and compassion. We will work hard on your motorcycle accident case and advocate aggressively with the at-fault party’s insurer, but we will be kind when dealing with you.
Schedule a Consultation With a Rock Hill Wrongful Death Attorney
When a loved one is killed in a fatal motorcycle crash in Rock Hill, their surviving estate could file a claim against the negligent party. A knowledgeable wrongful death attorney could help you file the claim within the deadline and hold the reckless party accountable for their actions.
If you need help with your claim, reach out to a compassionate attorney at Schiller & Hamilton today. You can contact us today for a free case review with no obligation.