Many motorcycle enthusiasts recognize that riding their bike is a natural way of life and an expressive opportunity to enjoy the thrill of the open road. Unfortunately, motorcycle riders are often at the mercy of motorists on the roadway who do not understand the rules of the road or drive appropriately to effectively minimize the potential dangers bikers face every day.
Bikers are more likely to be involved in a fatal accident at a rate 35 times greater than occupants riding in a passenger vehicle. Nearly 100,000 motorcycle rider suffer serious injuries every year and another 4800 on average lose their lives in fatal motorcycle accidents. Traumatic brain injury (TBI) is the leading cause of most motorcycle deaths. In addition, motorcyclists who choose not to wear a helmet have a 40 percent higher chance of dying from a head injury in an accident compared to those wearing a helmet.
According to the RI wrongful death statute: “§ 10-7-1 Liability for damages for causing death. – Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony”
Motorcycle Accident Liability in Rhode Island and Providence Plantations
If you have lost a loved one or a a spouse / family member was killed from a deadly motorcycle accident, you are likely feeling anger if the incident occurred through a driver’s negligence. You are likely seeking to hold every party at fault for the death accountable for your financial and emotional losses. Though the fatal accident extinguished their right to file a claim for compensation, you have the right to recover damages through a Rhode Island wrongful death claim filed by the executor of the estate of the deceased.
However, these types of cases are complex and usually require a skilled Rhode Island personal injury attorney or Rhode Island wrongful death attorney to handle the claim. Your RI wrongful death lawyer or Providence motorcycle accident lawyers can establish negligence by proving how the defendant or defendants were careless, reckless or intentionally at fault for your loved one’s death. Successful RI motorcycle accident lawyers resolves cases by showing how the parties at fault:
• Owed your loved one a duty of care by providing a safe environment
• Breached that duty by not exercising reasonable care
• Caused the death of your loved one because that duty was breached
• Their actions or inaction caused your damages
• Your loss and damages are real
Many Rhode Island drivers make claims that the deceased victim was somehow involved in creating the accident. In some cases the motorist operating the truck, automobile (auto), van car, motor vehicle also involved in the motorcycle crash will assert that the motorcyclist was partially or wholly at fault for the bike – motor vehicle wreck. TOP Rhode Island wrongful death lawyers can circumvent this problem by reconstructing the scene of the crash while building the RI wrongful death case.
The causes of many fatal motorcycle accidents and collisions mimic causes that typically trigger truck and car accidents. However, because the biker and passenger lack body protection compared to occupants in automobiles, trucks and SUVs, the open exposure to catastrophic injury often leads to death. Many factors affect an accident involving a motorcycle including:
Common Motorcycle Crash Causes in Rhode Island and Providence Plantations
• Most motorcycles are significantly smaller than even a compact passenger vehicle, making it very difficult to be seen by others on the road.
• Inexperienced passenger vehicle drivers often misjudge the speed and distance of an approaching, passing or merging motorcycle.
• Dangerous road conditions and adverse weather can be extremely hazardous for bikers.
• Even a minor crash can cause catastrophic injuries and death to the biker and motorcycle passenger.
In many incidences, the culprit involved in the RI bike accident is a poorly maintained machine or faulty equipment including motorcycles with defective tires or breaks. Because of that, a skilled RI car accident attorney will likely seek to file a claim against a variety of parties including the manufacturer of the motorcycle, the dealership, mechanics or others.
Common causes of motorcycle accidents in Rhode Island:
• Distracted driving such as Texting while driving, utilizing a gps, web surfing while driving or utilizing a cell phone or smart phone
• Drunk driving (dui/ dwi/ oui)
• Drowsy Driving / Sleepy Driving / Tired Driving / Falling asleep at the wheel
• speeding, reckless driving or running a red light
• negligent and careless driving
Recovering Damages using a RI motorcycle accident attorney
By law, you are likely entitled to recover damages and losses involved in the fatal motorcycle accident of your loved one. In addition, you can likely seek compensation for their lost earnings, accumulated medical bills before their demise, funeral expenses and other economic losses such as the future loss of their support and services. In addition, your Rhode Island wrongful death attorney will typically file a claim to include non-economic damages such as your pain, suffering, loss of companionship, loss of consortium, mental anguish and grief.
According to the National Highway Safety Administration: “In 2007, there were 2,332 two-vehicle fatal crashes involving a motorcycle and another type of vehicle. In 40 percent (939) of these crashes the other vehicle was turning left while the motorcycle was going straight, passing, or overtaking the vehicle. Both vehicles were going straight in 632 crashes (27%).” http://www-nrd.nhtsa.dot.gov/Pubs/810990.pdf
Rhode Island Personal injury attorneys who specialize in fatal motorcycle accidents commonly provide a free, initial consultation to discuss the case. These RI injury lawyers and East providence car crash lawyers usually accept wrongful death lawsuits on contingency. This means that the executor of the estate of the person killed in the collision can file a claim and negotiate a settlement of a motorcycle crash / collision or take the case to trial without paying upfront fees.