Bicycle accidents are becoming more and more common as people choose to ride bikes for their daily commutes or as a form of exercise. Unfortunately, accidents involving bikes can have severe consequences, and even result in the death of a cyclist. In such cases, family members of the deceased can file a wrongful death claim against those responsible for the accident.
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Understanding Wrongful Death Claims
A wrongful death claim is essentially a civil lawsuit that is filed by family members of a person who died as a result of someone else’s negligence or wrongful actions. A wrongful death claim seeks to recover damages for economic and non-economic losses incurred by the family members as a result of the death.
In a bicycle accident case, a wrongful death claim can be filed by the deceased person’s spouse, children, or parents, depending on the laws of the state where the accident occurred. Damages that can be recovered in a wrongful death claim may include medical expenses, lost wages, loss of companionship, and funeral expenses.
Proving Negligence
To file a successful wrongful death claim in a bicycle accident case, the family members must establish that the death was caused by someone else’s negligence or wrongful actions. To do so, they must show that the other party breached their duty of care to the deceased person, and that this breach caused the death.
In bicycle accident cases, negligence can take many forms. For example, a motorist may have failed to yield to a cyclist, or may have been distracted while driving and hit the cyclist. Alternatively, a cyclist may have been hit by a car that failed to stop at a stop sign.
To prove negligence, the family members may need to gather evidence, such as eyewitness testimony, police reports, and medical records. They may also need to work with an experienced attorney who can help them build a strong case.
Contributory Negligence
In some cases, the deceased person may have contributed to the accident that led to their death. For example, the cyclist may have been riding in a dangerous manner or may not have been wearing a helmet. In such cases, the family members may still be able to file a wrongful death claim, but the damages they can recover may be reduced.
This is because some states have laws that allow damages to be reduced based on the percentage of fault that can be assigned to the deceased person. For example, if the deceased person was found to be 25% responsible for their own death, the damages awarded in the wrongful death claim may be reduced by 25%.
Statute of Limitations
It is important to note that there is a deadline for filing a wrongful death claim in bicycle accident cases. This deadline, known as the statute of limitations, varies by state and can range from one to three years after the date of the accident.
Failing to file a wrongful death claim before the statute of limitations expires can result in the claim being barred, which means the family members will not be able to recover any damages for their losses.
Conclusion
Losing a loved one in a bicycle accident can be a traumatic and devastating experience. When someone else’s negligence or wrongful actions are to blame for the accident, the family members of the deceased may have legal options for seeking justice and compensation.
If you have lost a loved one in a bicycle accident, it is important to consult with an experienced attorney who can help you understand your rights and options. With the help of a skilled attorney, you may be able to file a successful wrongful death claim and recover damages for your losses.