What Rights Does A Family Have After Losing A Loved One In A Fatal Motorcycle Accident?

Bicycles, motorcycles, and scooters are all extended the same right of way on Ontario’s roadways that vehicles have. Despite defensive driving practices and other precautions that big rigs and vehicles take, collisions still happen, especially when the motorcyclist is not given the right of way that they’re entitled to. In many cases, the motorist didn’t see them and a collision resulted when they turned in front of the motorcyclist. No matter what the circumstances are, you should consult with a personal injury lawyer.

Identify the Cause

One of the first things that need to be addressed in a motorcycle accident and personal injury claim is to identify the cause in order to determine whether or not negligence contributed in any way to the collision. There are 4 common causes of these accidents:

• The motorcycle had a faulty component or part (e.g. defective brakes or tires), which eventually led to the accident.
• The other motorist didn’t obey traffic laws and may have failed to yield the right of way, ran a red light, etc.
• The other motorist was distracted while driving. In other words, they were looking for something in their vehicle, talking on the phone, or texting.
• The other motorist was driving while under the influence of alcohol or drugs or was speeding.

When you work with a personal injury lawyer, they will do whatever research is required to help your case and ensure a better outcome. For instance, they will call on accident scene investigators and/or accident re-constructionists, traffic engineers, or vehicle product reps, and/or warranty experts, if necessary. They will ensure that no information is lost that will help you prove liability in a wrongful death case.

Filing a Wrongful Death Claim

In the event that a motorcyclist sustains fatal injuries in an accident caused by another driver, the Family Law Act will be referred to in order to determine who can file for a wrongful death lawsuit. When a motorcyclist dies as a result of another driver’s fault or negligence, the family members who can file a lawsuit include:

• Parents, spouses, or their children
• Grandparents or their grandchildren
• Brothers or sisters of the deceased

Filing a wrongful death claim when you’ve lost a loved one can be very stressful and worrisome. Contact a personal injury lawyer in Waterloo and don’t go it alone. It is important to contact a lawyer that has dealt with such cases with success. Not only will they be able to handle it better but the amount of compensation that you win will be considerable.

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