Even you have appropriate protective gear and a high degree of skill, riding on a motorcycle is still substantially more dangerous than riding inside a passenger car in virtually every scenario. Unfortunately, this means that a negligent driver who causes a motorcycle crash is much less likely to suffer serious injury than the motorcyclist they run into—and even worse, the injuries that this sort of wreck can result in can sometimes be life-threatening.
If someone close to you recently lost their life in a fatal motorcycle accident in Tucson, you know better than anyone that money alone cannot completely erase the trauma your family has unfairly sustained. With that said, a compassionate motorcycle accident lawyer from Phillips Law Group can still help you demand restitution, which, by covering unexpected expenses and other damages, will help you maximize your overall quality of life in spite of your immense loss.
Who Can Sue Over a Fatal Motorcycle Wreck?
Just like other types of motorcycle accident claims, lawsuits over fatal motorcycle crashes in Tucson are virtually always built around the legal theory of negligence. This means that holding someone else financially accountable for crash-related damages requires proving that they directly caused the crash through a specific reckless, careless, and/or illegal act, which can be anything from an overt violation of traffic law to an ill-timed loss of concentration behind the wheel.
Because someone who loses their life through someone else’s negligence cannot file suit on their own behalf, the right to sue over this sort of accident passes on to the decedent’s surviving spouse, child(ren), parent(s), and/or personal representative. As a knowledgeable attorney can further explain, each of these people can file a wrongful death claim solely on their own behalf or on behalf of all other “beneficiaries” listed above.
Recovering Fairly Within Filing Time Limits
The purpose of a wrongful death claim based around a fatal motorcycle injury in Tucson is to recover specifically for losses experienced by the deceased person’s surviving family members as a result of their death. Losses experienced by the decedent themselves between their initial injury and their untimely death can be factored into a similar but separate claim called a survival action, but the wrongful death action itself should focus on things like:
- Costs of funeral and burial/cremation services
- Medical bills paid on the deceased person’s behalf
- Lost future financial support the deceased person would have provided, potentially including lost value of inheritance
- Lost household services and assistance
- Lost love, affection, companionship, and advice
- Emotional anguish
Regardless of when the initial accident happened, though, the deadline to formally file a wrongful death action over a motorcycle-related injury is two years after the date of the deceased person’s death, as per Arizona Revised Statutes §12-542(2).
Contact a Tucson Attorney for Help With a Fatal Motorcycle Accident Claim
The aftermath of a family member’s unexpected and premature death is always an intensely traumatic and stressful time, especially if that death could have been prevented if just one other person had been more careful. However, it can be important in situations like this to remain as proactive as possible in enforcing your family’s right to civil recovery, since that money could be vital to minimizing the long-term harm that this incident causes for you all.
Phillips Law Group has been locally owned and operated in the Grand Canyon State for over three decades, and our attorneys are not afraid to litigate cases in court if private settlement negotiations are not enough to get you paid what you need. Call today to schedule a free, no-obligation consultation with one of our team members and discuss your options following a fatal motorcycle accident in Tucson.
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