Who Pays For Funeral Costs After A Motorcycle Accident?
If you have recently lost a family member or loved one due to a motorcycle accident, you are sure to feel overwhelmed by grief. But sadly, there are still many things that you need to handle, including the funeral of your loved one. And just the thought of all the costs associated with a funeral could significantly add to your stress and worry. You wish your choices could be made out of love and concern for your loved one and other family members. However, the hard truth is that you need to make choices that will work within your budget and not create a mountain of debt.
What you might not be thinking about at this time of great stress and emotion is that funeral expenses could be covered in California if you pursue a wrongful death claim. While thinking about taking legal action at this time might feel like just one more thing you have to worry about, the team at Kenmore Law Group is here to provide their legal expertise and professionalism when you need it the most. Our expert motorcycle wrongful death lawyers are here to provide guidance. We will answer all your questions surrounding a lawsuit to pay for funeral expenses and other losses resulting from the motorcycle accident that claimed your loved one. Contact our office 24/7 to request a free consultation with a wrongful death motorcycle attorney in Los Angeles. Our team will work diligently to protect your rights, and the rights of your lost loved one.
Understanding The Causes Of Fatal Motorcycle Accidents
Driver negligence is the most common reason for any motorcycle accident and is almost always a considerable contributor to fatalities. So even safe riders need to be very aware of their surroundings and the drivers they encounter on the road. It takes only a fraction of a second and a poor choice by a distracted driver to end the life of a motorcycle rider and devastate an entire family. The most common causes of fatal motorcycle accidents include the following:
- Driving over the speed limit or a prudent speed due to weather or environmental conditions
- Driving while under the influence of alcohol or drugs, which can include prescription and over-the-counter medication
- Distracted drivers
- Driving recklessly, aggressively, or in a state of “road rage,” such as tailgating, weaving in and out of traffic, and failing to check for traffic before changing lanes
- Ignoring any traffic signals or laws
When another driver’s action falls into any of these categories, they can be responsible for the wrongful death of a motorcycle rider, other drivers, passengers in a vehicle, or even pedestrians.
What To Consider If No Other Vehicle Was Involved In The Accident
It is essential to understand that even if no other vehicle appeared to be involved in the fatal accident, there could be other factors that caused the loss of your loved one’s life. Sadly, another driver’s poor choices could have initiated the motorcycle accident by changing lanes into the motorcyclist, slamming on the brakes in front of the motorcycle, or driving in an aggressive and hazardous manner. But then the driver left the scene during or after the bike crashed. In these cases, gathering information from all witnesses is essential to understand if another driver fled the scene and is responsible for your loved one’s wrongful death.
There are additional factors that could have contributed to the accident, and therefore other parties could be liable for the loss of your loved one. Some of the most common of these include:
- Mechanical defects in the motorcycle
- A mechanical issue with the motorcycle
- Poor road conditions due to weather
- Defective or damaged road surface, including potholes or severely uneven road surface
- Poorly lit roads, intersections, traffic signs, or warning signs
- Defective traffic signals
Knowing that any of these factors could have played a role in losing your loved one is likely to create more questions than answers in your time of need. However, the wrongful death motorcycle attorneys at Kenmore Law Group are here to help you sort through the details of your loved one’s accident and determine if you have grounds to take legal action against any other parties.
How Is Liability Determined After A Fatal Motorcycle Accident
There are four elements of negligence to be evaluated when determining liability for a motorcycle accident. The factors include:
- Duty of Care – All parties involved owe a duty of care, including other drivers, vehicle manufacturers, mechanics, and the municipality that builds and maintains roadways, safety marking, signage, and traffic signals.
- Breached Duty of Care – when parties fail to meet their duty of care, they put other innocent parties at risk of suffering harm.
- Cause – the breached duty of care was directly responsible for the incident. It is important to note that this only applies if there is no way to avoid the incident.
- Harm – the breach of duty must lead to harm to an innocent party
All of these terms and guidelines are sure to sound complex and confusing to anyone grieving the loss of a loved one. However, the expert wrongful death motorcycle attorneys at Kenmore Law Group know how to interpret this information and apply it to the accident that claimed the life of your loved one. Then guide you in moving forward with a wrongful death lawsuit to pay for funeral costs after the motorcycle accident and other compensation for your loss.
Average Funeral Costs After A Motorcycle Accident In California
After the unexpected loss of a loved one, it can be difficult and even more upsetting to think about finances and the cost of a funeral. However, these things must be handled, even as you are filled with grief. It could shock you that a basic funeral for your loved one could quickly exceed $10,000. Some of the expenses you could incur include:
- Transportation of the body
- Funeral home expenses, including the preparation of the body and paying the funeral director and other staff members
- Purchasing a casket
- The cost of the burial plot
- Fees to cover the use of the funeral home for viewings and the memorial service
- The cost of a headstone, delivery, and installation
Even if you opt for cremation, many fees are involved in covering the services of the funeral home staff, cremation, and urn.
Who Can File A Wrongful Death Lawsuit
If the negligence of another party caused the motorcycle accident that claimed your loved one’s life, a wrongful death claim could be processed. The surviving spouse, domestic partner, or surviving children can make this claim in California. In addition, others financially dependent on the decedent can file a wrongful death claim to seek compensation for their loss.
The wrongful death motorcycle attorneys at Kenmore Law Group will work with you to gather all the information necessary for the lawsuit. In addition, the team will help you understand the potential compensation you could be entitled to due to the wrongful death. The materials needed to pursue wrongful death litigation can be very complex and include the following:
- Any still images and video footage of the accident scene
- Pictures of the injuries sustained in the accident
- All medical records and bills related to the evaluation and treatment of the victim
- Copies of all first responders at the accident scene
- Applicable insurance information
- Documentation of all expenses associated with the accident, including funeral expenses, mechanic services, bike storage or motorcycle transportation
Working Within The Statute Of Limitations
California has a two-year window to file a wrongful death claim. That time frame is from the date of the incident, and there are very few exceptions to this ruling. If you fail to make a claim within two years, you forfeit your ability to make a claim against any potentially responsible parties related to the wrongful death. Your wrongful death motorcycle attorney at Kenmore Law Group will guide you through the processes necessary to file your claim in the allotted time. We will proceed as quickly as you can to secure the financial compensation you need to cover funeral costs and other expenses.
We Don’t Get Paid Until You Are Paid
The legal team at Kenmore Law Group works under a zero-fee guarantee. This pledge means that you never pay any upfront fees for our services. Once we take on your case, we never discuss an invoice for legal service until you have received your settlement. We believe in allowing you to focus on getting through your grief without compounding your challenges with legal bills.
In addition, if you have spoken to another law firm that refused to take your case, please contact our office. We are here to offer a free second opinion of your case and the pursuit of a wrongful death claim on behalf of your loved one. We know that you are suffering a significant loss, and we are here to help you manage the funeral costs after a motorcycle accident and other expenses resulting from the loss of your loved one.