A loved one’s unexpected death in an accident is a devastating ordeal for family members. The impact of the loss may be greater when the deceased person contributed to the family’s financial support.
Phillips Law Group provides effective and compassionate representation to the families of people killed in fatal motorcycle accidents in Chandler. An attorney can help hold the negligent driver accountable for your loved one’s death and secure financial compensation for your loss.
Proving Someone’s Negligence Caused a Death
Motorcycle riders have no protection in an accident, so a crash can cause serious injuries that may lead to death. When the accident involves another vehicle and the vehicle’s driver is at fault, grieving families can pursue a claim for compensation against the at-fault driver. The family must prove the driver was negligent, meaning that they did not use reasonable caution to prevent or avoid the crash.
The attorneys at Phillips Law Group are skilled at crash investigations. They will review police reports, including any citations issued, witness statements, video footage when available, and other evidence to determine whether a driver’s negligence led to a motorcycle rider’s death. When necessary, they will engage an accident reconstruction specialist to provide an analysis of the crash.
Bereaved family members can bring a lawsuit when there is evidence indicating the driver was negligent and their negligent conduct caused the incident that led to a Chandler motorcyclist’s death. Although financial compensation is small comfort to those mourning a loved one, it can provide a measure of justice and closure for families.
Possible Lawsuits
There are two legal actions that allow families to seek accountability. Any family that can prove negligence caused the death of their loved one can bring a wrongful death action against the negligent party. When the deceased survived for a time before succumbing to their injuries, a family can also initiate a legal proceeding called a survival action.
Wrongful Death Claims
Arizona Revised Statute § 12-612 allows a surviving spouse, child, parent, or guardian to file a wrongful death lawsuit. When a motorcyclist has no surviving immediate family, the personal representative of their estate can sue on the estate’s behalf.
A wrongful death action seeks compensation for the losses the family suffered due to their loved one’s death. Compensation can include:
- Funeral expenses
- Income the deceased person contributed to the household
- Value of services the deceased performed for their household
- Loss of the deceased person’s love, guidance, and companionship
- Survivors’ emotional pain due to the loss
The money awarded in a successful wrongful death action is distributed to the survivors according to their losses. An attorney can explain how the funds would be distributed in a specific case.
Survival Actions
When a Chandler rider survived a motorcycle accident for a period of time before dying, the representative of the rider’s estate can bring a survival action under Arizona Statute § 14-3110. These lawsuits allow the deceased person’s estate to collect the damages the deceased person could have collected if they had survived the accident.
Damages in a survival action include the individual’s medical expenses, lost wages for the period between the accident and their death, and compensation for their pain and suffering. The funds obtained in a survival action are paid to the deceased person’s estate and can be used to pay their debts. Any money left over is distributed to family members according to the deceased person’s will or, if there is no will, as the law requires.
Consult a Chandler Attorney About a Loved One’s Fatal Motorcycle Accident
Losing a loved one in a motorcycle accident can be devastating for the family. When another party’s negligence caused or contributed to the death, taking legal action may provide some consolation.
Reach out to Phillips Law Group if you have suffered a loss due to fatal motorcycle accidents in Chandler. Schedule a free consultation to discuss your legal options after your loved one’s death.
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