Even if they wear the right safety gear and follow every rule of the road that applies to them, motorcycle riders are still at much greater risk of suffering serious injuries in a traffic accident compared to anyone inside an enclosed motor vehicle. Unfortunately, motorcyclists are also comparatively more likely to suffer fatal injuries from a wreck, something that no amount of money could ever completely make up for.
If you have lost someone close to you in a fatal motorcycle accident in Hershey, demanding fair financial restitution from the people responsible for your loss may still be key to minimizing the financial and personal impacts this incident has on you and your loved ones. When you want to explore your options for filing suit in the wake of a fatal wreck, you have help available from our seasoned motorcycle accident attorneys who know how to fight and win on behalf of families like yours.
How to File Suit Over a Fatal Motorcycle Crash
Typically, the only people who can file lawsuits over motorcycle accidents in Pennsylvania are the people who actually suffered physical harm through an accident caused by someone else’s misconduct. After a fatal motorcycle crash in Hershey, the right to file suit survives the deceased person and passes on to their surviving spouse, children, or parents. When none of these people are available, the deceased person’s personal representative can sue for damages sustained by the estate, but no other family members—like siblings or grandparents—are eligible to recover through this type of claim.
Aside from this change in who actually brings the claim forward, wrongful death claims built around motorcycle wrecks work similarly to any other type of motorcycle accident lawsuit. In both scenarios, legal fault for the incident and losses will generally be based on negligence. This means the person or people filing suit will need to prove someone else directly caused their losses by acting recklessly or carelessly in violation of a duty of care—for example, the duty drivers have to act lawfully and responsibly while driving.
What Damages Could Your Family Seek Payment for?
Another way in which lawsuits for fatal motorcycle collisions in Hershey are like other types of motorcycle crash claims is in how recoverable damages are calculated. In both situations, the person or people filing the claim can only recover for compensable losses caused directly and mainly by the accident in question. For a wrongful death claim, this could include things like:
- Funeral and burial expenses
- Medical bills and other expenses for care the deceased person received between their accident and their eventual death
- Estate administration expenses
- Lost future financial support the deceased person would’ve provided
- Lost household services and support
- Emotional anguish and suffering
- Lost love and companionship, potentially including lost consortium with a spouse
Each case will be different, so it’s worth discussing exactly what value your specific claim might have with a skilled legal professional at Ostroff Godshall Injury and Accident Lawyers before formally starting the legal process.
A Hershey Attorney Can Help After a Fatal Motorcycle Accident
No one deserves to lose their life in a traumatic traffic accident, and certainly not one caused mainly or entirely by someone else’s negligence. If your family is dealing with the loss of a loved one through a tragedy of this nature, you may have grounds to seek civil compensation to help address some of the losses you’ll have to deal with because of the incident.
Assistance from experienced legal counsel can be crucial to getting a favorable case result after fatal motorcycle accidents in Hershey without putting too much additional stress on yourself or the people you love. Call today to learn more in a free, no-obligation consultation.
