Motorcycle Wrongful Death: Legal Rights for Grieving Families

A wrongful death claim is a civil lawsuit filed when someone dies due to another person's negligence or intentional act. In motorcycle accidents, wrongful death claims typically arise from: • Distracted driving (texting, phone use) • Drunk or drugged driving • Failure to yield to motorcycles • Unsafe lane changes • Speeding or reckless driving • Defective vehicle parts or road conditions The purpose of a wrongful death claim is to compensate surviving family members for their losses and deter similar negligent behavior.

California law specifies who can bring a wrongful death lawsuit: **First priority**: The deceased's surviving spouse or domestic partner and children **If no spouse or children**: Parents, siblings, or others who would inherit under intestate succession **Also eligible**: Anyone financially dependent on the deceased (stepchildren, putative spouse, parents of a deceased child) Multiple eligible family members typically file together as co-plaintiffs.

Wrongful death damages fall into two categories: **Economic damages (calculable losses):** • Loss of financial support the deceased would have provided • Loss of benefits (health insurance, pension) • Funeral and burial expenses • Medical bills incurred before death • Value of household services the deceased provided **Non-economic damages (intangible losses):** • Loss of love, companionship, and affection • Loss of moral support and guidance • Loss of intimacy (for spouses) • Loss of parental guidance (for children) Motorcycle wrongful death settlements often range from $500,000 to several million dollars.

The wrongful death claim process involves several stages: **1. Investigation**: Gathering evidence about the accident, the victim's life, and the impact on survivors **2. Calculating damages**: Working with economists and experts to determine the full value of the claim **3. Filing the lawsuit**: Initiating legal proceedings within the statute of limitations (typically 2 years) **4. Discovery**: Both sides exchange information and take depositions **5. Settlement negotiations**: Most cases settle before trial **6. Trial**: If settlement is not reached, the case goes before a jury An experienced wrongful death attorney handles all legal aspects while you focus on grieving and healing.