For the millions of motorcycle riders in California there is no place better to ride than along the Pacific Coast or through Napa Valley wine country. With magnificent scenery and weather that is conducive to riding almost year around, it’s no surprise that California is home to over one million registered motorcycles. For those that enjoy riding though, there is always the risk of an accident. Unfortunately, sometimes an accident is fatal. Although both government and private groups have launched extensive efforts over the past few decades to warn other motorists of the presence of motorcycles on the roadways, motorcycle injuries and fatalities continue to rise. Each year California sees over 10,000 motorcycle injury accidents and close to 500 fatalities. If you have lost a loved one as a result of a fatal motorcycle accident in California, you may be entitled to file as a claimant in a wrongful death action.
While accidents can happen at any time and for any reason, studies show us that when a motorcycle is involved in an accident the chances are good that the other driver was at fault for the accident. The sad truth is that motorists simply do not watch for motorcycles on the roadways. If your loved one was fatally injured as a result of an accident where the other driver was at fault then you may be able to file a claim for wrongful death.
Under the laws of the state of California, certain survivors may file as a claimant in a wrongful death lawsuit. The first people in line that may file a wrongful death lawsuit are the decedent’s spouse, children and surviving issue of the decedent’s deceased children (grandchildren). If none of these people are available to file a claim then the decedent’s parents, brothers and sisters, children of deceased brothers and sisters, grandparents and other lineal descendants are the next group in line to file a claim. Lastly, a putative spouse, children of a putative spouse, stepchildren and certain minors who lived with the decedent and were dependant on the decedent may file a claim.
While filing a wrongful death claim cannot turn back the clock and prevent the accident, what it can do is provide you and your family the financial support that you would have had had the accident not taken place. If you were dependant on the decedent for financial, household or emotional support, then you may be entitled to recover a financial award to help you and your family now and in the future. The idea behind a wrongful death claim is to provide you and your family with the support that you would have received from your spouse/child/ parent had they survived. The exact value of your California wrongful death claim will depend on many factors and is best determined with the help of an experienced California motorcycle attorney.
If you feel that you may be entitled to file as a claimant in a California wrongful death action and would like more information, please contact the law office of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.
