Fatal Motorcycle Accidents

The many miles of roadway and highways that stretch throughout Missouri offer motorcycle enthusiasts countless opportunities to enjoy the open road. In addition to the relaxation that this form of transportation provides, motorcycles can be a convenient way to go about your daily business. 

Despite these advantages, motorcycles present a certain element of danger because they lack the protection that the typical, enclosed car can offer. The relatively small profile of a motorcycle also makes it difficult for some motorists to see them when changing lanes, merging, or traveling through intersections, which can lead to severe collisions, injuries, and even death. 

Bringing a Wrongful Death Claim Against a Careless Driver

A fatal motorcycle accident often gives rise to a wrongful death lawsuit. According to Missouri law, the decedent’s surviving parents, spouse, children, and grandchildren can bring this type of claim for the loss of their loved one.

Wrongful death cases based on motor vehicle collisions are usually brought under a theory of negligence. The plaintiff must show that the driver who struck the motorcyclist failed to abide by the appropriate standard of care. The standard of care is a legal concept that sets a minimum level of care and attention that each of us must use in any situation. In ordinary situations, the standard requires us to use the same amount of ordinary care and skill that a reasonably prudent person would use in a similar circumstance. In a motorcycle accident, the standard may encompass several factors, such as whether it was raining or dark at the time of the accident, or whether there was heavy traffic. Both of these facts would probably alter the way a reasonably prudent person would operate his or her vehicle, thereby shaping the level of care that the defendant should have used at the time of the crash. If the plaintiff can show that the defendant’s conduct failed to meet the standard of care, the plaintiff has established a breach.

Next, a plaintiff must show that the defendant’s breach was the direct cause of his or her damages. This element, known as causation, requires the plaintiff to show that if it weren’t for the defendant’s failure to act according to the standard of care, he or she would not have suffered an injury. Many defendants will try to show that the injuries the plaintiff is claiming in the lawsuit did not arise from the crash, or that the accident was caused by the victim’s own negligence. However, even if the victim was partially responsible, his or her family can potentially still recover a lesser amount of damages.

Finally, a plaintiff who has established duty, breach, and causation can present the judge or jury with evidence that supports the damages that he or she is seeking in the lawsuit. Common examples include medical bills, funeral and burial expenses, the lost earning capacity of the victim, conscious pain and suffering before death, and damages based on the relationship between the victim and the family members bringing the claim. For example, the loss of companionship, consortium, and support may be a basis for compensation.

Consult a Compassionate Attorney after a Motorcycle Accident

Losing a loved one in a motorcycle accident is a devastating experience for the victim’s family. When selecting a lawyer to help you through the process, find an attorney that is compassionate and understanding. Matt Uhrig has guided many families in bringing wrongful death claims in these tragic circumstances. Compassion is a pillar of Matt Uhrig’s practice, and he is here to help if you need it.