Motorcycling is a way of life for many in Lexington. Kentucky provides many great roads for enjoying a ride. But when you have a loved one who rides, you can’t help but worry about what would happen if they were killed in an accident.
Motorcyclists are, unfortunately, more exposed to traffic hazards. They don’t have the same protection as someone inside a vehicle. A distracted driver can miss seeing a motorcycle completely and cause a tragic collision. Motorcyclists can suffer severe injuries in these accidents and they can lose their lives on the road.
Kentucky Roads and Dangers for Motorcyclists
The Kentucky State Police see the dangers firsthand when they respond to motorcycle accidents. In 2018, they reported almost 1500 Motorcycle collisions on the roads. 86 of those accidents led to a fatality. Motorcycles were involved in 1% of all collisions in the state that year but represented 7% of all vehicles in fatal accidents.
Many of these accidents are forced on a rider who encounters a careless driver. The driver either doesn’t spot a nearby motorcyclist or misjudges the distance between the car and the motorcycle. These incidents can send riders from their bikes and the resulting impacts can cost lives.
Losing a Family Member in a Motorcycle Accident
In the aftermath of a deadly accident, family members will be left to deal with the tragic news. A loved one is no longer here due to the negligence of another driver. The family will have to face the grief that follows.
In these cases, a family will also have to consider the future. The victim may leave a husband or wife behind or children. These are people who may have depended on the victim for financial and emotional support.
Kentucky Law protects families in these situations. Certain close family members are allowed to file a claim for damages against an at-fault driver. These cases are known as wrongful death claims. A Lexington motorcycle accident attorney at the law firm of Kaufman & Stigger can help families navigate these laws during an understandably, difficult period.
Frequently Asked Questions
Who can sue for a wrongful death claim?
Kentucky law allows a representative of the family of the deceased to file a wrongful death claim. This can be an attorney or someone chosen by the family. Each member of the family that was living with or dependent on the deceased can make a claim for damages.
How long do I have to file a wrongful death claim?
In Kentucky, you have one year from the death of the victim to file a wrongful death claim. In some cases, the person will live after the date of the accident but then pass away from the injuries. The one year starts from when the person dies and not the date of the injury.
Do I need an attorney for a wrongful death claim?
Kentucky law does not require an attorney to file a wrongful death claim. However, the laws concerning a wrongful death in a motorcycle accident can be a bit complicated, and if certain mistakes are made, then the right to get compensation can be forfeited.
Compensation in Wrongful Death Claims
The family left behind after a tragic motorcycle accident will face many challenges as they try to move on with life. A deadly collision will leave many bills behind and those obligations can take an even greater emotional toll on a family that’s already been traumatized.
The financial challenges are even more difficult to face when you know that a negligent driver caused the deadly accident that took your loved one. A wrongful death claim can’t replace the loss of a family member, but it can cover those bills. A claim can also help secure the future of family members who would’ve depended on the victim were they still alive. Some of the costs that can be covered are here:
- Medical bills before death: If these bills are owed by the estate (heirs) of the deceased, then they can be claimed as a loss.
- Loss of income: This is based on the loss of financial support that the survivors would have received had the person not died.
- Psychological pain and suffering: Anguish and emotional pain felt by the family can be claimed.
- Loss of companionship and guidance: This is typically claimed by dependent children robbed of a parent.
- Loss of Consortium and companionship: Consortium deals with the loss of intimacy and companionship a spouse would have received.
- Funeral and burial costs: Based on the reasonable costs to the family for burying the deceased.
Contact a Lexington Wrongful Death Attorney Today
Family members who find themselves having to represent a loved one who was lost in a tragic motorcycle accident often wonder if they need an attorney, and the answer is almost always yes. It’s an insurance company agent’s job to pay you and your family as little as possible for a claim. You need an experienced attorney to help protect you and your family during a difficult time.
Talk to a Lexington Wrongful Death Attorney you can trust to be on your side and get you what is yours under the law. The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get justice after a fatal accident. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443, or click here to contact them online.