All motorcyclists need to ride responsibly, wear appropriate safety gear, and do everything in their power to prevent accidents from occurring. However, riding a motorcycle is still an inherently dangerous activity in large part because of the actions of other people on the road. Tragically, sometimes the reckless or careless actions of a motor vehicle driver can cause a motorcyclist to get in a life-threatening or fatal accident by no fault of their own.
Fatal motorcycle accidents in Phoenix, AZ, are always difficult to take proactive legal action over, especially so soon after losing a loved one before their natural time. If you are in this situation, help is available from the capable and compassionate motorcycle accident attorneys at Phillips Law Group. Our team has extensive experience supporting families like yours in pursuing the fair financial recovery they need.
When someone passes away as a direct result of another person’s wrongful act, neglect, or default, Arizona Revised Statutes § 12-612 allows the surviving spouse, child(ren), parent(s), guardian(s), or personal representative of the deceased person to file a civil suit against the person at fault for the death. This kind of lawsuit, known as a wrongful death claim, is broadly similar to a standard personal injury lawsuit. The key difference is that the plaintiff(s) were indirectly harmed by negligence leading to a loved one’s death, as opposed to being directly physically injured by a negligent act.
In this context, negligence can include anything from an overtly illegal act, like speeding or driving drunk, to a careless act, like not checking blind spots before merging onto a highway. An attorney in Phoenix, AZ, can help establish a preponderance of the evidence, which is the legal standard of proof for civil claims, similar to beyond a reasonable doubt for criminal cases, that a specific irresponsible act was the main cause of your loved one’s fatal motorcycle wreck.
Surviving immediate family members of a motorcyclist who suffered fatal injuries in a crash caused by someone else can recover for both economic and non-economic forms of harm through a wrongful death claim. This includes:
A court could also determine that the person at fault for a fatal bike crash in Phoenix, AZ, exhibited extreme disregard for the safety of others or intentional malice. In that instance, it may also impose punitive damages against the person responsible. However, this is fairly rare even under circumstances as serious as a fatal crash.
No amount of money can make up for a loved one’s life being cut short by another person’s reckless or careless act. However, after fatal motorcycle accidents in Phoenix, AZ, civil restitution can help surviving family members move forward with their lives to the fullest extent possible in the wake of such a tragic loss. Our skilled attorneys can assist with this process, helping you avoid the burden of unexpected financial expenses at a time of intense grief.
A team member at Phillips Law Group can discuss your legal options and offer preliminary guidance about next steps during a free, no-obligation consultation. Call us today to schedule an appointment.
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