Houston Fatal Motorcycle Accident Lawyer
If you have lost a loved one in a fatal motorcycle accident, first, accept our sincere condolences. From our experience representing the victims of fatal accidents, our lawyers understand the challenges you face. This same knowledge and experience has prepared us to fight for you and your family, to hold the responsible parties accountable and to obtain the compensation you and your family deserve.
While no amount of money will ever replace your loved one, holding the wrongdoer accountable does two important things: (1) it provides you with some monetary compensation that can help you with the financial challenges that come with the death of your loved one, and (2) it discourages others from engaging in similar acts of negligence, thereby helping to make a safer, better society.
In 2017, more than 386,938 motorcycles were registered in the state, the sixth-highest figure in the nation. As a result, motorcycle accidents are frequent in and around Houston. Due to the lack of protection, motorcycle accidents will more often result in injuries and fatalities. According to TxDOT, motorcycles comprise roughly two percent of vehicles used on Texas highways and roads, but motorcyclists account for approximately 13.46 percent of all deaths recorded.
Filing a Fatal Motorcycle Accident Lawsuit in Texas
After a fatal motorcycle accident, the spouse, children, and parents of the deceased victim can bring a wrongful death action against the person or entity at fault. The deceased victim’s estate can also bring a survival action for the pain and anguish that the deceased suffered before dying and for medical expenses and funeral expenses.
A wrongful death action is a type of Texas personal injury cause of action or claim that family members can bring to obtain compensation for losing their loved one. Under Texas law, a spouse, child, and parent can bring a wrongful death claim.
To establish liability in a Texas wrongful death claim after a fatal motorcycle accident, the claimant must show that their loved one died as a result of the at-fault driver’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
It is important to consult an attorney with experience in fatal motorcycle accident cases before accepting any offer or signing any insurance company document. The family is often entitled to more than an insurance company will initially offer.
Damages Available in a Wrongful Death Action After a Fatal Motorcycle Accident
Nothing will bring back a family member who was killed in a senseless motorcycle accident. However, the surviving spouses, children, and parents may seek damages through wrongful death claims. Monetary damages consist of actual damages, and in some cases, exemplary (punitive) damages.
Actual damages include:
- pecuniary losses
- mental anguish
- loss of companionship and society
- loss of inheritance
In turn, pecuniary losses include the loss of the decedent’s earning capacity, advice, counsel, services, care, maintenance, and support; they may also include expenses for the family member’s psychological treatment that resulted.
Loss of inheritance is defined in Texas as the present value that the victim would, in reasonable probability, have added to the estate and left at natural death to the statutory beneficiaries, but for the wrongful conduct that resulted in the death.
In a wrongful death claim after a fatal motorcycle accident, the claimant’s non-economic damages include: loss of consortium and the loss of companionship and society.
Both economic and non-economic damages are crucial to ensuring that an accident victim is fully compensated for their physical and emotional injuries
In some cases, a judge or jury can award exemplary (punitive) damages. Unlike actual damages, punitive damages are not designed to compensate the plaintiff for their injuries. Instead, punitive damages focus on punishing the defendant for their especially egregious behavior. Punitive damages are rare and are awarded when the plaintiff can prove that the death was caused by the wrongdoer’s willful act or omission or gross negligence.
What Is Survival Action in a Motorcycle Wrongful Death Case?
When a negligent driver causes a fatal motorcycle accident, the victim’s estate can recover damages that the deceased victim suffered as a result of the wrongdoing. The “survival” action is brought on behalf of the deceased for the deceased’s damages, including their physical pain and mental anguish that preceded the death, medical bills, and funeral expenses. It is called a “survival” action because the claim “survives” the death of the deceased, allowing the deceased’s estate to bring the claim.
After a fatal motorcycle accident, one of the first contacts a loved one’s survivors will likely receive is a call from an insurance company’s representative for a statement. Because the primary goal of representatives from insurance companies is to reduce recovery or deny a claim, it is imperative to retain legal counsel before making any statements or providing substantive information of which you may be unsure.
Reach Out to a Houston Fatal Motorcycle Accident Attorney for Assistance
At The de la Garza Law Group, we know that no two cases are the same. Every client is special. Every case is personal. We know that to help our clients obtain the justice they deserve, we must get to know our clients and how the accident has impacted her or his life. For this reason, we spend significant time getting to know the details of each client’s case and always maintain awareness of the client’s goals for the representation.
If you have lost a loved one in a fatal motorcycle accident, contact The de la Garza Law Group today. We offer a free, no-obligation case evaluation. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.
We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County, and Montgomery County, including The Woodlands, Pearland and Sugar Land.
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