Fatal Motorcycle Accidents in Cranford

Motorcycle riders are vulnerable on the roads, and they are far more likely to be seriously injured in a crash than the occupants of enclosed vehicles.

If your family has suffered the death of a loved one from a fatal motorcycle accident in Cranford, contact our experienced motorcycle injury attorneys. When there is proof that someone else’s negligence contributed to the fatal wreck, your family may be entitled to financial compensation.

Driver Negligence Causes Many Motorcycle Fatalities

There is a perception that bikers’ recklessness causes most serious motorcycle accidents, but this belief is not supported by facts. Negligence on the part of other drivers tends to be the primary cause of motorcycle accidents.

Car and truck drivers are often so focused on other large vehicles that they do not notice motorcycles, even when they are in their line of sight. Consequently, motorcycle accidents frequently happen when drivers merge or turn into the path of an oncoming motorcycle. Accidents also frequently occur because a motorist is speeding, distracted, or driving while impaired.

A Cranford attorney will review police reports, photographs of the scene, witness statements, and video evidence to pinpoint the cause of the fatal motorcycle crash. When a vehicle operator is primarily responsible for the accident, the family of a deceased motorcyclist can bring a wrongful death claim against the driver.

Filing Claims for Fatal Crashes

Wrongful death lawsuits can seek financial damages from the party or parties that caused an accidental death. In a motorcycle accident case, the responsible party is most often the driver of another vehicle involved in the crash. Depending on the circumstances, an attorney may also bring a lawsuit against others. The manufacturer of the motorbike or the vehicle could bear partial responsibility if a defect contributed to the accident. If a drunk driver caused the accident, a licensed establishment that improperly sold them alcohol could also have partial liability.

Lawsuit Procedures After the Death of a Motorcyclist

If a motorcycle rider had survived their injuries, they could be the plaintiff in a personal injury lawsuit. When a biker succumbs to their injuries, it is still possible to hold the wrongdoers accountable.

Wrongful Death Lawsuit

The deceased biker’s personal representative can bring a wrongful death claim. These lawsuits seek compensation for the loss of the loved one’s financial contribution to the household, personal services, and the family members’ loss of the deceased’s companionship. The claim can also demand  reimbursement of funeral expenses and the cost of burial or cremation.

The proceeds of a wrongful death lawsuit are paid to the deceased person’s survivors. Typically the recipients of the money are a surviving spouse and children, but other relatives may be entitled to a portion of the funds. A Cranford attorney can advise a family about how the proceeds would be distributed after a fatal motorcycle accident.

New Jersey Statute § 2A:31-3 allows two years to file a wrongful death lawsuit. The clock starts running on the date of a biker’s death, not the date of the accident that caused the fatal injuries.

Survival Lawsuit

When a biker lived for a time before succumbing to their injuries, their estate can bring a survival action. These lawsuits seek compensation for the injured biker’s unreimbursed medical expenses, lost wages, and non-economic damages like pain and suffering. The two-year statute of limitations for a survival action begins on the date of the accident, not the date of death.

The proceeds from a survival action do not go directly to family members. Instead, the money goes into the estate and may be used to pay claims against the estate. Any money remaining will be distributed to family members according to the deceased biker’s will, or the laws of intestacy if they had no will.

Consult a Cranford Attorney If Your Loved One Died in a Motorcycle Accident

If another party is responsible for your loved one’s death in on the road, you can take legal action against them. Money will not relieve your grief, but there may be satisfaction in holding the other party accountable and not having to worry about finances.

The Voto & Cavalli lawyers can pursue compensation for the families of people killed in fatal motorcycle accidents in Cranford. Reach out to us today and discuss how we can seek justice for your loved one.