While any traffic accident has the potential to cause a life-threatening injury, few types of wrecks are more consistently deadly than those involving motorcycles. Unfortunately, even though motorcycle accidents are uniquely dangerous, that does not mean it is easier to take legal action, especially when the person who had standing to file a personal injury lawsuit passes away as a direct result of the crash.
If you recently lost a close family member through a motorcycle wreck that was not their fault, you likely have a right to take legal action in their name against the person responsible for causing their premature death. Fatal motorcycle accidents in Nashville make for challenging civil claims, but with a seasoned motorcycle accident lawyer on your side, you can demand the compensation you deserve without putting too much additional stress on yourself and your loved ones.
In legal terms, liability for fatal motorcycle accidents is based on the same principles of negligence that apply in other types of traffic accidents, which means you have the burden of proving fault for a fatal crash if you want to recover financially for its effects.
An individual is civilly liable for a motorcycle accident if they did something reckless, careless, or illegal that was the direct and primary cause of the accident—for instance, a traffic violation, drunk driving, or distracted driving. Generally, the severity of someone else’s negligence has no impact on an ensuing civil claim. However, there may be exceptions to that rule in cases involving extremely egregious negligence or intentionally malicious conduct, as your Nashville attorney can further explain while discussing a deadly motorcycle crash suit.
Under Tennessee state law, a deceased person’s surviving spouse is the first person with legal standing to file suit in their loved one’s name. If there is no surviving spouse, the right to file a wrongful death claim typically passes to—in order of priority—the decedent’s children, next of kin, and estate representative nominated in their will. If applicable, parents can sue on behalf of their dependent children. Every case is unique, so if a family member passed away as a result of a deadly motorcycle crash, reach out to an attorney like those at Ponce Law to see if you can file an action on their behalf.
Whoever brings the claim forward can seek recovery on behalf of all the decedent’s beneficiaries for losses they will experience directly because of the wrongful death, including funeral and burial expenses, lost future financial support, emotional anguish, and lost love and companionship. While there are some exceptions, Tennessee law generally allows just one year after someone passes away from a fatal accident to file a wrongful death claim. A dedicated Nashville lawyer can ensure you meet the tight deadline to file after your loved one’s fatal motorcycle wreck.
Losing a family member before their time is always a tragedy, but it is not always an unpreventable one. When someone passes away due to a fatal motorcycle accident in Nashville, there is often a second party who is at fault for that death. You may have standing as a family member of the deceased to file suit against the person responsible for your family’s loss.
You have help available from a local and dependable legal firm voted best in Nashville repeatedly in the Tennessean’s Best of Music City Awards. Call today to learn how we can assist you.
