While most motorcyclists are responsible and considerate riders, they cannot always prevent collisions caused by someone else’s reckless or careless actions. Even worse, motorcyclists are especially vulnerable to suffering severe physical trauma in crashes—trauma that can often have fatal repercussions.
If you recently lost a close family member, you understand that financial compensation cannot replace a life lost due to another’s negligence. What you should also know, though, is that seeking civil restitution after an incident like this can be crucial to protecting your entire family’s best interests in the years to come. Our compassionate motorbike accident attorneys at Schechter, Shaffer & Harris have experience pursuing compensation for fatal motorcycle accidents in Spring, TX and are available to help you with your claim.
Who Can File Suit Over a Fatal Motorcycle Crash?
Under state law, the surviving spouse, child(ren), or parent(s) of someone who passes away due to a third party’s negligence can file a wrongful death lawsuit in their loved one’s name. The purpose of this claim is not to recover for losses experienced by the deceased person prior to their death, but instead to recover for losses that the decedent’s surviving family members will experience due to their loved one’s death.
For a typical lawsuit or settlement demand over a Spring motorcycle wreck that resulted in death, compensable damages could include:
- Funeral, burial, and estate administration expenses
- Lost future financial support from the decedent
- Lost household services and support
- Lost love, companionship, guidance, and comfort
- Emotional anguish
However, every case is different, so you should strongly consider discussing the most effective approach with legal counsel before trying to sue for any specific losses on your own.
How Civil Lawsuits Interact With Criminal Cases
To hold someone civilly liable for fatal injuries stemming from a Spring motorbike collision, you must be able to prove through a preponderance of the evidence that they directly caused the accident through a specific reckless or careless act. By comparison, the standard of proof for guilt in a criminal case is beyond a reasonable doubt, so it is easier to hold someone civilly liable for an unlawful act than it is to convict them.
This means that if the person at fault for your loved one’s death is facing criminal charges related to the same incident, you do not need to wait for their criminal case to conclude before filing suit against them. Furthermore, the outcome of that criminal case would have no direct bearing on the outcome of your civil one, so you could continue to pursue financial restitution even if a court dismisses the defendant’s charges or acquits them.
Contact a Spring Attorney Today for Help With a Fatal Motorbike Crash Claim
Wrongful death litigation can be challenging on both legal and emotional levels, even compared to other types of personal injury claims. However, a capable legal professional could help enforce your family’s right to civil restitution while protecting your personal well-being and giving you the chance to grieve.
Our team has extensive experience helping families like yours deal with fatal motorcycle accidents in Spring, and we could work to ensure your claim has the best possible resolution for you. Call today to discuss your options.
