Fatal Motorcycle Accidents in San Jose

Fatal Motorcycle Accidents in San Jose

Most motorcycle riders are aware of the inherent risks that come with riding. Thus, they follow state traffic laws and safety gear requirements to keep themselves safe on the roadways. Unfortunately, even the most careful motorcyclists often share the roads with negligent motorists. Because they lack the protection that a larger vehicle provides, motorcyclists are incredibly vulnerable to sustaining fatal injuries during accidents.

If you lost a loved one prematurely in a motorbike collision caused by someone else’s reckless or careless actions, you deserve justice. The compassionate motorcycle crash lawyers at Solution Now Law Firm are here to walk you through your legal options. While no amount of money can make things right, a fair and prompt compensation award could help ease your financial burden and begin to hold the at-fault parties accountable for fatal motorcycle accidents in San Jose.

Common Causes of Fatal Motorcycle Accidents

Negligent motorists are the most significant cause of fatal motorcycle accidents. Actions that often lead to these collisions include:

  • Distracted driving
  • Getting behind the wheel after using substances, including alcohol or drugs
  • Swinging a car door open into the path of a motorcycle
  • Left turns and failing to notice the rider
  • Failure to yield the right-of-way

When San Jose drivers are distracted or are unaware of their surroundings, they can fail to notice a motorcycle rider and cause an accident leading to fatal injuries.

Safety Tips to Help Motorcycle Riders Avoid Crashes

Riders can help protect themselves by following state traffic and safety laws. That includes wearing safety gear, including a helmet, and taking a motorcycle safety training course. It is essential to remember that lane splitting can be hazardous and should be done very carefully.

Motorcyclists should also avoid riding during poor weather conditions, ensure they are visible, and stay alert. Unfortunately, even when motorcycle riders do everything they can to keep safe, they are still at risk of careless or reckless motor vehicle drivers causing a collision. When negligent San Jose drivers cause fatal motorcycle accidents, the rider’s family has the right to hold them accountable.

Wrongful Death Statute and Recovering Damages

According to the California Code of Civil Procedure § 377.60, the surviving partner, children, or a personal representative of the estate may commence legal action to collect damages after a fatal accident. The civil action must prove through a preponderance of the evidence that the defendant’s negligence caused the fatal injuries. It must also establish that the surviving family members suffered financial harm and damages because of the negligent actions and sudden loss of a loved one.

Award for Damages in Wrongful Death Claims

After the wrongful death lawsuit proves the defendant is liable for damages, the court could award compensation for the following:

  • The total cost of medical care related to the accident
  • Funeral and burial expenses
  • The loss of financial support and loss of salary the deceased would have earned if the accident did not occur
  • Psychological and emotional pain and suffering, including loss of companionship and affection

A San Jose lawyer experienced with fatal motorcycle accidents could help investigate and collect the evidence to prove liability.

Speak With a Dedicated Attorney About Fatal Motorcycle Wrecks in San Jose

Losing a loved one can be devastating. Knowing that their passing was caused by someone else’s carelessness can be almost unbearable. The last thing you need on your plate is a legal headache.

Our caring legal team could help take some of the burden off you during this difficult time. At Solution Now Law Firm, our clients and their well-being are our number one focus. You are more than just a number to us— we limit the number of cases we take on so that we can give every case the attention it deserves. To discuss your legal options after a fatal motorcycle accident in San Jose, give us a call.

Solution Now Law Firm

Solution Now Law Firm N/a
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