Fatal motorcycle accidents account for 14% of all road fatalities while motorcycles account for only about 3% of all registered vehicles. This disproportionate toll means thousands of families face unexpected loss on U.S. roads each year. When such an unfortunate event occurs, the victims’ families need to know their legal and recovery options.
Our Miami wrongful death attorneys regularly work with families who have lost loved ones in these tragic circumstances, and we’ve created this guide to help you understand the legal process ahead.
Why Fatal Motorcycle Accidents Happen?
A person left for a routine motorcycle ride, just like any other day and what turned it into a fatal motorcycle crash? Understanding the cause isn’t just about answers – it’s crucial for your legal case. Let us share what we commonly encounter in these tragic accidents:
Driver negligence is often behind fatal motorcycle accidents and these scenarios happen far too often:
- A driver quickly changes lanes without checking their mirrors
- Someone pulls out their phone to read a text message
- A driver runs a yellow light without looking for motorcycles
- A person gets behind the wheel after drinking
- A truck follows too closely, leaving no room for emergency stops
But sometimes it’s not about other drivers. For instance, a motorcyclist encounters a deep pothole on a curve – something that might just jolt a car but can throw a motorcycle off balance, leading to a high speed motorcycle crash death. Or consider a hidden danger: a motorcycle’s brakes fail due to a manufacturing defect, giving the rider no chance to avoid collision.
Road hazards that most cars easily handle become deadly traps for motorcycles. Imagine hitting a patch of loose gravel while leaning into a turn, or encountering an oil slick in the rain. Even experienced riders can’t always recover from these situations.
Manufacturing defects also create invisible threats: a tire that suddenly fails on the highway, or brake pads that give out exactly when needed most. These aren’t hypothetical scenarios, they’re real cases we’ve handled.
In each fatal motorcycle case, our wrongful death attorney investigates a complex web of factors. Sometimes it’s a combination – like a distracted driver encountering a rider already struggling with poor road conditions. We examine every angle to build your case and fight for the justice your family deserves.
Let our motorcycle crash lawyers help you understand what happened and who should be held accountable. Every detail matters when seeking justice for your loved one.
What Florida Law Says About Motorcycle Accident Wrongful Death Claims
Let’s break this down in simple terms: After losing someone you love in a fatal motorcycle accident in Miami, Florida law stands on your side. But what does this really mean for your family?
Here’s what makes this different from other injury cases:
- You have a strict two-year window to file
- Different family members may receive different types of compensation
- The case must be filed through an estate representative (like a spouse or adult child)
- You can seek compensation for both financial and emotional losses
These laws help protect the victim’s family’s future, but understanding them requires experience. Our job is to handle the complex legal requirements while you focus on your family’s needs during this difficult time.
Talk to motorcycle crash lawyers about your situation to determine the best path forward for your family.
What Compensation Can Your Family Receive?
Let’s look at what compensation families may be entitled to after a motorcycle crash death.
Economic Damages
These cover the real financial impact of the loss. Think about the mounting medical bills from emergency care and hospital stays before death, funeral expenses that often reach thousands of dollars, and the sudden loss of the victim’s income. Also future financial losses – like retirement benefits and career advancement opportunities that the deceased would have earned.
Non-Economic Damages
How do you measure the loss of a spouse’s companionship? What’s the value of a parent’s guidance to their children? While money can’t replace these losses, the Florida law recognizes their importance through compensation for:
- The daily absence of companionship and love
- The emotional trauma family members experience
- Children growing up without a parent’s guidance
- The loss of life’s shared experiences
In cases of extreme negligence – like a drunk driver or a company knowingly selling defective motorcycle parts – courts may award Punitive Damages. These additional damages serve to punish particularly reckless behavior and deter others from similar actions.
Each fatal motorcycle accident case is unique, and our wrongful death lawyers carefully evaluate all potential compensation sources to ensure your family’s future security.
Steps to Take After Losing Your Loved One
After a fatal motorcycle accident, taking the right steps protects your family’s legal rights. Let us guide you through what needs to be done:
First, focus on gathering critical documents. Think of this as building your case’s foundation:
- Request the police accident report – it captures crucial initial details
- Collect all medical records, including emergency care and hospital stays
- Secure any photos from the accident scene (skid marks, vehicle positions, road conditions)
- Write down witness names and phone numbers before memories fade
- Keep every bill related to the accident and your loss
Protect your case by avoiding common mistakes:
- Don’t post about the accident on social media
- Avoid discussing details with anyone except your attorney
- Never sign documents without legal review
- Don’t agree to insurance company deadlines
What to expect in fatal motorcycle lawsuit:
- Initial investigation may take several weeks
- Insurance companies will try to settle quickly
- Legal proceedings might last months and even years
- Multiple parties may be involved (drivers, manufacturers, government entities)
Remember that taking these steps is not only about compensation but rather about justice and protecting your family’s future.
Experienced Legal Support When You Need It Most
Trust Dolan Dobrinsky Rosenblum Bluestein, LLP to fight for your family during this difficult time. Call us at 305-371-2692 for a free consultation without obligation, and you will speak directly with our Miami wrongful death lawyer about your case.