Did you know motorcyclists engaged in a collision are 28 times more likely to lose their lives than vehicle passengers? In Beverly Hills, out of 439 deaths and injuries from road accidents, 17 were motorcyclists in 2020.
Unfortunately, motorcyclists are assumed responsible for the accident because they are infamously known as reckless and dangerous drivers.
If your loved one were involved in a motorcycle crash in Beverly Hills that resulted in wrongful death, you would need to prove these three things when filing an accident claim:
- negligence
- causation or intentional harm, and
- damages.
What Is a Wrongful Death Claim?
A wrongful death occurs when an individual fails to fulfill their duty of care to a victim, which results in their death. When this happens, the deceased’s family may file a wrongful death claim to receive compensation for the accident’s damages, including their loved one’s wrongful death.
Remember that you may only file for a wrongful death claim if the victim’s death results from the motorcycle accident. You must have the necessary evidence to prove this, such as:
- photos of the accident scene,
- witness testimonies,
- accident report,
- doctor’s diagnosis, and
- funeral and burial costs.
Can Motorcycle Accidents Cause Wrongful Death?
Yes, motorcycle accidents can result in wrongful death. In 2021, 14% of traffic fatalities were attributed to motorcycle crashes. Since a motorcycle has less protection due to its build, motor riders face more risks when using a motorbike than a four-wheeled vehicle.
The most common fatal injuries from motorcycle accidents are the following:
- head injuries,
- neck injuries,
- bone fractures, and
- muscle damage.
If you are involved in a motorcycle crash in Beverly Hills and experience symptoms, it is best to consult a doctor immediately to avoid further health complications.
Who Can Bring a Wrongful Death Claim?
According to California Code of Civil Procedure §377.60, a wrongful death claim can be filed by the following parties:
- victim’s surviving spouse,
- domestic partner,
- victim’s legal children, or
- Other surviving family members.
The decedent’s estate can file for a wrongful death claim if there are no surviving relatives.
Moreover, if the court determines that you aren’t qualified to file a wrongful death claim, your case will likely be dismissed. In some cases, they may accept a claim pursued by someone with more right to a wrongful death claim and kick you out of the case.
How to Prove a Motorcycle Wrongful Death Suit In Beverly Hills
We understand that losing a loved one in a motorcycle accident in Beverly Hills can bring a lot of emotions, especially if the crash is due to someone else’s wrongdoing. While filing a wrongful death case will not compensate for what you have lost, it can help you seek justice and recover damages from the crash.
To help you, here are the three things to prove when filing a wrongful death claim in Beverly Hills.
Proving Negligence in a Crash in Beverly Hills
Generally, negligence is determined when a person acts carelessly, and that action leads to injuries to another individual. When establishing negligence in a motorcycle accident in Beverly Hills, you will need to prove these elements:
- Duty of care
The driver must drive safely to protect other people on the road.
- Breach of duty of care
The driver’s actions put other road users at risk.
- The connection between the breach and the Beverly Hills motorcycle accident
The driver’s unsafe actions caused or contributed to the motorcycle collision.
- Injuries and damages occurred
The victim has injuries and financial damages from the collision.
Proving Causation and Intentional Harm
It is essential to prove that the driver’s action caused the motorcycle accident. To do this, you must collate evidence that will help support your wrongful death claim, such as:
- the official accident report,
- photographs of the accident scene,
- medical records of the victim,
- witness testimonies, and
- death certificate.
If you discover that the driver intentionally initiated the accident in Beverly Hills, the court may find this an assault or even homicide. Your personal injury lawyer will provide you with legal options if this is the case.
Proving The Damages
Finally, you must prove that the Beverly Hills motorcycle accident resulted in your loved one’s wrongful death to file a claim. Aside from the wrongful death, you may seek compensation for the following damages:
- lost wages and benefits from the deceased,
- funeral costs,
- burial expenses,
- medical costs of the victim before their passing,
- loss of love and companionship, and
- loss of parental guidance.
The question is, how would you measure non-economic damages, such as loss of love and companionship? While it may seem difficult to calculate, your accident lawyer can help you identify these damages and calculate the total compensation value you deserve.
How Long Does It Take to Settle Wrongful Death Claims?
Wrongful death claims take months to years to settle, depending on the circumstance of the case. Remember that it is easier to win a claim if you have sufficient evidence to support your case.
It is also important to note that you may only be able to file a wrongful death claim within two years of discovering the victim’s injury. This is why it is essential to hire a personal injury lawyer to guide you with the appropriate legal actions to avoid losing time when handling your case.
Challenges of Wrongful Death Claims in a Beverly Hills Motorcycle Accident
Wrongful death claims are more complicated than a simple accident with injuries. You will need more time to prove the evidence you have. There are specific challenges you will face, such as:
No Survivors From Immediate Family
If there are no survivors from the immediate family, individuals entitled to the victim’s estate can pursue a wrongful death claim. This could be the victim’s parents or legal guardian (if the parents are deceased).
You may also seek an injury lawyer’s advice about the options if there are no surviving family members.
Statute of Limitations
In California, you may only pursue a wrongful death claim within two years after the victim’s passing. If you fail to file within the allowed timeframe, your case may not be valid, and the court may dismiss your claim.
This is why it is best to reach out to an injury lawyer who can help you sort out your case. They will fulfill the tasks needed in your claim and claim for restitution within the statute of limitations.
Establishing Who Is The Liable Party
When you are involved in a motorcycle crash in Beverly Hills with multiple parties, it might be challenging to prove who is liable for the accident. You will depend on the following documents to determine the culprit of the crash:
- photos of the Beverly Hills motorcycle accident scene,
- witness testimonies,
- CCTV of surveillance footage from areas near or at the location of the accident, and
- final police report.
Do I Need a Lawyer for My Wrongful Death Claim?
When filing for a wrongful death claim, there is a possibility that you may experience the said challenges above. In the worst-case scenario, the court may dismiss your case if you can’t defend your claim.
Suppose you find it challenging to identify the driver responsible for the accident. In that case, your injury lawyer will help you examine the evidence present, search for more to support the claim and seek compensation for the damages of the crash in Beverly Hills.
Your injury lawyer can:
- Gather evidence.
- Examine the nature of the accident.
- Prove liability.
- Provide legal options that best suit your needs.
- Calculate the total damages.
- Communicate with the opposing party’s defense.
- Defend your case within the statute of limitations.
Jacoby & Meyers have passionate lawyers with expertise in wrongful death claims due to Beverly Hills motorcycle accidents. We can provide you with legal choices and support your decision to seek the justice you deserve. Contact us at 800-500-0000 for a free consultation. We are available 24 hours a day, seven days a week, to help you.
Jacoby and Meyers. Because You Deserve Justice.