Now more than ever, residents of Carlsbad are commuting to work and enjoying the beautiful coastline on motorcycles. It is exhilarating and cost-efficient to ride a motorcycle in Carlsbad, but it can also be extremely dangerous. Motorcycles provide no protection for riders, and they are less stable and visible than cars. Therefore, it is common for even relatively minor collisions to result in serious injuries. When someone is killed in a Carlsbad motorcycle crash, it must be determined if the accident was a result of negligence and if the victim’s family can pursue compensation for their tragic losses.
According to the Statewide Integrated Traffic Records System (SWITRS), there were 50 motorcycle fatalities in San Diego County in the year 2011. During that same year, no riders were killed in Carlsbad, but 28 motorcyclists suffered injuries. Whenever a rider is killed in a Carlsbad crash, it must be determined if the accident resulted in a wrongful death.
Wrongful death is a legal term referring to fatal injuries suffered by the negligence or wrongdoing of another. Common driving errors that can contribute to motorcycle accident wrongful death cases include:
- Speeding
- Failing to look for motorcyclists before changing lanes or entering traffic
- Driving while fatigued
- Driving under the influence of drugs or alcohol
- Failing to yield the right-of-way
- Driving through a stop sign or traffic signal
If you have lost a loved one in a fatal Carlsbad crash, it is important for you to stay abreast of the ongoing investigation. If the at-fault driver is cited for the crash, it will bolster your claim. A driver does not, however, have to be cited for you to hold him or her financially liable for your loss. You only have to prove that the driver’s negligence contributed to the crash.
With the help of a Carlsbad motorcycle accident attorney, you can file a wrongful death claim to receive support for medical bills, funeral expenses, lost future wages, pain and suffering, loss of companionship and other related damages. Make sure you understand the potential value of your claim before making any critical decisions that could have an impact on your family’s financial future.