Wrongful Death Claims After A Fatal Motorcycle Crash In California
As an experienced catastrophic injury attorney here in Oakland, I have seen firsthand the devastation families endure after losing a loved one in a motorcycle crash. The sudden loss leaves emotional and financial burdens that are often overwhelming. California law provides families a legal path to seek justice and compensation through a wrongful death claim. Knowing your rights can make a difference in how you move forward after such a tragedy.
Motorcycle crashes are particularly dangerous due to the lack of protection for riders. Fatal injuries can result from reckless drivers, dangerous road conditions, or defective motorcycle parts. When someone else’s negligence causes a fatal crash, California law allows certain surviving family members to pursue a wrongful death lawsuit to hold the responsible parties accountable.
Who Can File A Wrongful Death Claim In California
Under California Code of Civil Procedure § 377.60, the right to bring a wrongful death action typically belongs to the deceased person’s surviving spouse, domestic partner, children, or other dependents. If no immediate family exists, others who were financially dependent on the deceased may have the right to file.
This type of lawsuit is separate from any criminal case that may be filed. A wrongful death claim is a civil action seeking compensation for losses caused by the death. It does not require a criminal conviction to succeed, only proof that negligence or wrongful conduct led to the fatal crash.
Recoverable Damages In A Wrongful Death Case
California law allows families to seek compensation for both economic and non-economic damages, including:
- Lost financial support the deceased would have provided.
- The value of household services lost.
- Loss of love, companionship, comfort, care, and guidance.
In some cases, a separate survival action may also be filed under California Code of Civil Procedure § 377.30, allowing recovery for damages the deceased person would have been entitled to had they survived, such as medical bills and pain and suffering of the decedent prior to death.
Statute Of Limitations For Filing A Claim
Wrongful death claims in California must generally be filed within two years of the date of death under California Code of Civil Procedure § 335.1. Missing this deadline could result in losing the right to pursue compensation. Acting promptly allows your attorney to preserve evidence and build a strong case.
Proving Negligence In A Fatal Motorcycle Crash
To succeed in a wrongful death claim, we must establish that another party’s negligence caused the crash. This may involve:
- Demonstrating that a driver violated traffic laws or was distracted or impaired.
- Showing a municipality failed to maintain safe road conditions.
- Proving that a manufacturer sold a defective motorcycle or part that caused the accident.
Our team gathers police reports, witness statements, reports from accident reconstructions, and expert testimony to prove liability and secure the maximum compensation allowed under California law.
Frequently Asked Questions About Wrongful Death Motorcycle Claims In California
Who Can Bring A Wrongful Death Claim After A Fatal Motorcycle Crash?
Eligible claimants usually include the deceased rider’s spouse, domestic partner, children, or financially dependent relatives under California Code of Civil Procedure § 377.60. If no close relatives exist, others who were financially dependent may file.
What Damages Are Available In A Wrongful Death Case?
Compensation can include lost financial support, loss of companionship, and the value of household services. A survival action may also be filed to recover damages for medical expenses and pain the deceased experienced before death.
Do I Have To Wait For A Criminal Case To End Before Filing A Civil Lawsuit?
No. A wrongful death claim is separate from any criminal proceedings. Families may pursue a civil claim even if no criminal charges are filed or if the defendant is not convicted.
How Long Do I Have To File A Wrongful Death Claim In California?
Most wrongful death lawsuits must be filed within two years of the date of death under California Code of Civil Procedure § 335.1. Certain circumstances, such as claims against government entities, may have shorter deadlines.
What Evidence Helps Prove A Wrongful Death Claim?
Strong evidence includes police accident reports, witness statements, surveillance footage, expert opinions from accident reconstructions, medical records, and proof of financial and emotional support lost due to the death.
Can Multiple Parties Be Held Liable For A Fatal Motorcycle Crash?
Yes. If more than one party contributed to the crash, such as another driver, a government entity, or a manufacturer of defective parts, California law allows claims against all responsible parties to ensure full compensation.
What If The Rider Was Partially At Fault?
California follows a pure comparative negligence system under California Civil Code § 1714, meaning families can still recover damages even if the rider was partially at fault. Compensation is reduced in proportion to the rider’s share of fault.
Call Bracamontes & Vlasak For Help With A Wrongful Death Motorcycle Claim
If your family has lost a loved one in a fatal motorcycle crash, we are here to fight for justice and hold negligent parties accountable. At Bracamontes & Vlasak, we represent grieving families throughout the Bay Area and across California with skill and compassion.
Contact our Oakland wrongful death lawyer at Bracamontes & Vlasak by calling 415-835-6777 to receive your free consultation. Let us help you seek the compensation and closure your family deserves.
