Did you recently lose a close family member in a fatal motorcycle crash? Are you interested in learning more about how you can ensure the liable party is held accountable for their recklessness?
If so, you may need the legal support of an experienced professional who can guide you through the claims process and account for every loss. Contact a dedicated West Memphis personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC to further discuss your options for justice.
Common Causes of Fatal Motorcycle Accidents in West Memphis
One of the first things your fatal motorcycle accident lawyer in West Memphis, AR, at Gatti, Keltner, Bienvenu & Montesi, PLC will do after taking on your wrongful death claim is work on figuring out the cause of the collision.
In doing so, we can determine who should be sued for your damages. With that in mind, here are some of the top causes of fatal motorcycle accidents:
Irresponsible and reckless driving may be the top cause of motorcycle accidents across West Memphis and Tennessee. Negligent driving takes many forms, including:
- Driving over the speed limit
- Distracted driving
- Drowsy driving
- Driving under the influence of drugs or alcohol
- Failure to stop or yield
- Make illegal turns
- Failing to share the road
Any time drivers violate state or federal traffic laws, they could be held accountable when their negligence causes a fatal motorcycle accident. Drivers who fail to see or give adequate space to motorcyclists frequently contribute to rider fatalities.
Dangerous Road Conditions
Dangerous road conditions are also known for causing life-threatening motorcycle accidents. Motor motorcycle crashes can occur if road construction zones are not properly secured, intersection traffic lights are not fixed, potholes remain unfilled, or an area needs more street lamps.
The government agencies responsible for maintaining the roads could be liable if their negligent actions contributed to the cause of your loved one’s fatal motorcycle accident.
Broken Motorcycle or Auto Parts
When motorcycle parts malfunction or become defective, you could have grounds for legal action against the designer, manufacturer, or distributor of those parts. You may also have grounds for legal action against safety inspectors, maintenance professionals, and motorcycle dealerships.
You can rely on your fatal motorcycle accident attorney in West Memphis, AR, to carefully evaluate how your loved one’s motorcycle crash occurred so we can identify all liable parties and recover compensation for every loss.
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Demanding Justice After a Fatal Motorcycle Accident in West Memphis
There are several ways you can fight for justice after a fatal motorcycle accident. The local police will determine whether the liable party will face criminal charges. However, the person responsible can also be held civilly accountable, which could provide your family with any compensation you need to cover your costs and start to move forward with your lives.
Your fatal motorcycle accident lawyer will carefully evaluate your case to determine which options are best suited. For some, you may have a chance to file a claim with the liable party’s insurance company.
In others, you may need to file an insurance claim and take your case to court. In fact, filing a wrongful death action may be the best option if you hope to ensure the at-fault party is held accountable to the fullest extent of the law.
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When to File a Wrongful Death Claim
In a wrongful death claim, your fatal motorcycle accident attorney will work to ensure the liable party compensates your family for the decedent’s damages and the losses your family suffered as well.
However, only certain parties can file a wrongful death claim in Arkansas. According to the law, the decedent’s personal representative can file the claim. However, if the decedent did not have a personal representative, then the following parties have the right to pursue the claim:
- The decedent’s surviving spouse
- The decedent’s surviving adult children
- The decedent’s surviving parents
- The decedent’s surviving siblings
- The decedent’s legal guardian
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Types of Recoverable Damages in West Memphis Fatal Motorcycle Accidents
When filing a fatal motorcycle accident claim, Arkansas wrongful death laws categorize damages as those paid on behalf of the decedent’s estate and those paid on behalf of the decedent’s surviving family members.
The Decedent’s Damages
Examples of damages that are awarded to the decedent’s estate include the following:
- The decedent’s funeral and burial expenses
- The decedent’s loss of potential future earnings from their job
- The decedent’s pain and suffering before their death
- The decedent’s medical expenses
The Surviving Family Member’s Losses
Damages that are paid on behalf of the surviving family members could include:
- The surviving family member’s loss of the decedent’s education, guidance, and training
- The surviving family member’s loss of the decedent’s companionship, love, services, care, and support
- The surviving family member’s loss of the decedent’s financial contributions to the family
- The surviving family member’s despair, emotional trauma, and grief at the loss of the decedent
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File Your West Memphis Fatal Motorcycle Accident Claim Before Time Runs Out
Arkansas wrongful death laws are clear. Under Ark. Code §16-62-102, the wrongful death statute of limitations is set at three years from the date of the decedent’s death. However, this deadline could be shortened to two years if your loved one’s death was caused by their healthcare provider’s mistake or negligence.
If you are unsure when the statute of limitations expires for your case, do not hesitate. Get help from a West Memphis fatal motorcycle accident attorney as soon as possible, so you do not jeopardize your wrongful death settlement.
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Meet with a Fatal Motorcycle Accident Lawyer in West Memphis for Help Today
The last thing you should have to deal with while mourning the loss of your loved one is facing a challenging and complex legal claims process. Ensure you have an advocate who will fight diligently to demand the liable party pay for their negligent or wrongful acts.
Meet with a compassionate West Memphis fatal motorcycle accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, as soon as possible to start working on your case. Fill out our online contact form or call our office to schedule your no-cost, risk-free consultation today.