What To Do In Case Of Fatal Motorcycle Accidents

If you are grieving the loss of a beloved family member in a motorcycle accident, we understand there are no words to explain your feelings. However, if the loss was the result of another driver’s negligent actions, the compassionate yet relentless attorneys at Collins Law are ready to hear your story and fight for justice on your behalf.

In 2023, 168 motorcyclists tragically lost their lives on Illinois roads. But we understand that your loved one is not a statistic – he or she is a treasured family member who deserves justice and would want family members left behind to receive the compensation they deserve.

Let’s find out how a Collins Law motorcycle accident lawyer can help you navigate wrongful death claims in motorcycle accidents and pursue compensation to rebuild your life.

Give Yourself Time to Grieve

Grief is different for everyone, and there is no right way or expected timescale for expressing how you feel. Some people prefer to stick to their regular routine, while others need to take a vacation or visit family.

Maintaining connections with others at this time can be crucial. Friends and family can form an amazing support system, always ready to lend a listening ear. And if you’re struggling, a therapist could provide an outside perspective and suggestions to help you work through your feelings.

After a wrongful death in Illinois, you only have 2 years to file a claim. So, now is also the time to reach out to a Collins Law motorcycle attorney, who can lift the burden of your case off your shoulders.

You focus on healing, while we focus on pursuing justice.

Explore Your Legal Rights

When you meet a Collins Law motorcycle accident attorney, one of the first things he or she must check is your relationship to the victim. Depending on the state in which you live, your rights to file a wrongful death lawsuit may vary.

Wrongful death claims in motorcycle accidents often depend on who is legally recognized as a personal representative or eligible beneficiary.

Right to file a wrongful death lawsuit

For example, in Illinois, wrongful death lawsuits can only be filed by the personal representative of the deceased person. If he or she had a will, it would name this person. However, if your loved one died without a will, the probate court will appoint a personal representative.

Beneficiaries of wrongful death lawsuits

Under Illinois law, only the spouse and next of kin can benefit from wrongful death damages. Next of kin can be anyone who was financially dependent on the deceased at the time of his or her death.

This could include:

• Natural and adopted children
• Parents
• Other dependent relatives

The damages can be shared in two different ways. The spouse and next of kin can decide between themselves how they will be split. If all parties can’t agree, the court will decide how to split the damages after hearing evidence from each party.

An experienced Collins Law attorney can help you navigate these delicate negotiations when the time comes.

What a Wrongful Death Attorney Can Do for You

Collins Law motorcycle accident lawyers leave no stone unturned as we pursue justice for you and your family. However, to build a strong case that gives you the best chance of success, we must prove the following:

• Duty of care: The negligent party must have had a duty of care toward your loved one when he or she was riding the motorcycle. Negligent parties are often other drivers, but could include the motorcycle manufacturer if it was faulty, or the municipality if poor road conditions contributed to the accident.
• Breach of duty of care: The negligent actions of the other party meant that the duty of care was breached.
• Causation: The breach must have been the cause of the injuries that led to your loved one’s death.
• Damages: The loss of your loved one led to losses, for which you, as the spouse or next of kin, are entitled to financial compensation.

Investigate the motorcycle accident

A thorough investigation is essential to establish each of the points above and prove liability. A Collins Law attorney will consider evidence such as:

• Witness statements: Eyewitnesses can testify to the actions of your loved one and other drivers in the moments before the fatal accident
• Police reports: The police will have compiled an objective report that includes the officer’s opinion on how the accident happened
• Video footage: Surveillance camera and dashcam footage can provide strong evidence of who acted negligently before the accident
• Evidence from the crash scene: The damaged motorcycle, photographs that show the accident scene, and physical evidence such as skid marks can paint a picture of what happened

Navigate partial liability

Even if our investigation shows that your loved one was partially liable for the accident, you may still be entitled to compensation. Wrongful death claims in motorcycle accidents are not automatically disqualified just because the victim may have shared some of the blame.

For example, under Illinois law, if the deceased person was 50 percent or less responsible, his or her family may still claim compensation. However, it will be reduced in line with your loved one’s percentage of responsibility. So don’t hold back from seeking advice from a Collins Law attorney and miss out on compensation.

Fight relentlessly for your rights

Collins Law attorneys are not just aggressive; we are relentless. We play hardball in negotiations in pursuit of fair compensation that will help your family face the future with greater confidence.

If the insurance company won’t agree on a fair settlement out of court, don’t worry. Our tenacious motorcycle accident attorneys have the experience to fight your case in court.

Wrongful death claims in motorcycle accidents can involve large insurance payouts, and insurance companies won’t part with that money easily. We know how to fight hard to pursue the results your family deserves.

Our lawyers have secured over $1.4 billion in verdicts and settlements for accident victims and their families. This includes multi-million dollar settlements for wrongful death victims in Illinois. Now’s the time to discover what our relentless team of attorneys could do for you.

Let Collins Law Shoulder Your Burden

The compassionate attorneys at Collins Law understand what grieving families go through after losing a loved one. But when you work with us, you get more than sympathy. You get the backing of a law firm with over 30 years of experience in fighting relentlessly and winning big for Illinois families when they need help the most.

Schedule a free consultation with a wrongful death attorney by calling (630) 527-1595 or completing our online contact form today.