The National Highway Traffic Safety Administration (NHTSA) warns that motorcycle riders are 30 times more likely to die in a motor vehicle accident compared to drivers and passengers in other vehicles. This is mainly due to the fact that a motorcyclist does not have the same level of protection as a driver or passenger in a passenger or commercial vehicle. The lack of protection means the rider receives the full impact of the collision causing traumatic head injuries and internal injuries that can result in the death of the motorcyclist.
If you have lost a loved one in a motorcycle crash, you may be able to sue the at-fault driver in a Pennsylvania wrongful death action. Several factors determine if you are eligible to file a lawsuit under Pennsylvania's wrongful death laws. Our Harrisburg attorneys can help you determine if you have a claim based on the facts and circumstances of your loved one's motorcycle crash.
Questions to Ask Before Filing a Pennsylvania Wrongful Death Lawsuit
When you meet with our attorneys, we will review several key factors related to your loved one's motorcycle accident that will determine if you are able to file a claim for wrongful death.
- What Caused the Motorcycle Crash? If another driver caused the motorcycle accident, you should be able to file a wrongful death lawsuit against the other driver depending on the facts of the case. If no other driver was at fault, if another party was responsible for your loved one's death (i.e. a defective product, defective road conditions, etc.), you may still have an action against a party for wrongful death.
- Do You Have Any Evidence That Proves Your Allegations? In order to win a wrongful death lawsuit in a motorcycle crash, you must have evidence that the other party's negligent, intentional, or reckless acts or actions was the direct and proximate cause of your loved one's death. Evidence may include eye witness testimony, evidence from the accident scene, and expert testimony.
- How Are You Related to the Deceased Person? Under Pennsylvania's wrongful death laws, only certain people can file a wrongful death lawsuit. A spouse, child, parent/guardian, or the estate's personal representative are permitted to file a wrongful death lawsuit on behalf of the deceased person's beneficiaries. Other family members are only permitted to file a lawsuit under certain circumstances.
- Have You Suffered Damages? You must be able to prove to the court that you have suffered financial and non-financial losses in order to collect compensation for the death of your loved one.
No amount of money will undo the damage and tragic loss when a loved one dies; however, a wrongful death lawsuit can provide some level of comfort as you seek justice for your loved one. A wrongful death lawyer can help you answer the above questions to determine if you are able to file a wrongful death lawsuit under Pennsylvania law.
Contact an Experienced Harrisburg Wrongful Death Attorney
Contact the experienced Harrisburg wrongful death lawyers of Handler Henning & Rosenberg LLP for a free consultation. Our attorneys have extensive experience handling Pennsylvania wrongful death lawsuits and claims involving motorcycle accidents. A wrongful death lawsuit is complex; therefore, you need an attorney who has achieved proven results representing families as they seek justice for the loss of their loved one. Our attorneys understand Pennsylvania's wrongful death laws and how to use those laws to hold the party responsible for your loved one's death accountable for his or her negligent acts. Schedule your free confidential consultation with a wrongful death attorney at Handler Henning & Rosenberg to get started today.