What Makes Virginia Beach Motorcycle Accident Fatalities Unique
If you lost a loved one in a motorcycle accident caused by the negligence of another, you most likely have questions about bringing a claim for compensation. Although bringing a motorcycle claim is similar to bringing any other type of wrongful death claim, there are factors that make Virginia Beach motorcycle accident fatalities unique.
A diligent wrongful death lawyer can help you understand these differences and how they may affect your claims. By calling Cooper Hurley Injury Lawyers, you can let us handle the legal complexities of a motorcycle wrongful death case while you focus on moving forward.
The Plaintiff in Motorcycle Accident Claims
In wrongful death cases due to motorcycle accidents, the plaintiff tends to be the estate of the person on the motorcycle. In motorcycle wrecks, the motorcyclist is usually the more vulnerable of the two motor vehicle operators and therefore is the one who sustains more severe injuries. Further, many motorcycle accidents are caused by distracted drivers who fail to see the cyclist. Whenever a driver causes a crash because they are distracted or fail to follow the rules of the road they are at fault and can be held liable.
When this is the case, the estate of the motorcyclist can bring a claim against the at-fault driver. In any action they bring, the personal representative of the decedent would be the plaintiff. An attorney can further explain determining who brings the claim and their role in the process.
Are These Claims Similar to Other Virginia Beach Fatal Collision Claims?
Fatal motorcycle accidents claims are most likely going to be similar to other automobile collision claims, where the plaintiff is making a claim against the at-fault driver. In Virginia, the claim is brought against the negligent driver rather than their insurance company.
Depending on the circumstances, there may be a claim against a manufacturer of the motorcycle or helmet. If the plaintiff can prove that the motorcycle manufacturer or helmet maker sold a defective product that was not reasonably safe and that caused the collision or caused the injuries to be worse than they otherwise would be, then they may be able to file a lawsuit against the manufacturer. Those claims are only typically made against manufacturers or sellers of motorcycles when there is a well-known recall or other safety problem with the bike.
These claims can be difficult because the manufacturer’s insurance company will typically fight very hard to avoid having to pay compensation. Regardless of whether you believe your family may have a wrongful death case against the other driver or the manufacturer, it is crucial you reach out to an experienced attorney for help as soon as possible.
Speak With an Attorney About What Makes Virginia Beach Motorcycle Accident Fatalities Unique
There are several factors that make Virginia Beach motorcycle accident fatalities unique. Because of that, it is critical to work with an attorney who has experience handling these cases.
Our attorneys at Cooper Hurley Injury Lawyers have years of practice helping families in your situation and can help you navigate the complexities of the Virginia Beach claims process. To get the help you need, call us today.