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Rhode Island Motorcycle Accident Lawyer | Fatal Motorcycle Accident

Fatal Motorcycle Accident

RI motorcycle accident lawyers

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.

Rhode Island Motorcycle Accident Lawyer

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.

Motorcycle Accident Wrongful DeathMotorcycle riders have the greatest potential of suffering serious injuries or death on America’s roadways and Rhode Island and Providence Plantations. This is because of the lack of protection against passenger vehicles and commercial trucks. The motorcyclist faces numerous unique challenges including roadway conditions, adverse weather and inattention by other drivers. Sadly, all too often motorcyclists are injured in a motorcycle accident.

The three leading factors of a motorcycle accident wrongful death in RI involve:

Lack of Protection – Drivers in passenger cars and commercial trucks have extensive protection both in and outside their vehicle. This includes head restraints, seatbelts, airbags and patted equipment including steering wheels and dashboards. Alternatively, a motorcycle rider and passenger can only extend their protection to wearing a helmet, leather clothing and padding.

Driver Inattention – When other drivers lose focus on the roadway through distraction  such as texting while driving or lazy behavior, they can easily miss seeing a motorcycle in the next lane, behind them or on approach. In fact, the vast majority of motorcycle accidents occur on freeways and at intersections when motorists change lanes unexpectedly or turn in front of an oncoming motorcycle.

Roadways Hazards – Because the motorcycle has only two wheels, any roadway hazard can cause significant problems and increase the likelihood of an accident. Common hazards in Rhode Island include roadway debris, potholes, fallen branches, blown tires, stones, sticks and oil slicks.

Statistics maintained by the NHTSA (National Highway Traffic Safety Administration) indicate that a motorcycle rider and passenger have a 35 times higher likelihood of dying in a traffic accident compared to motorists and passengers riding in a car.

The statistics also suggest that nearly half of all motorcycle accidents with fatalities occur when the bike collides into other vehicles, and one in four deaths occur from crashing into fixed objects. Only one in three motorcycle accident wrongful deaths occur from speeding.

Legal Liability in Rhode Island and Providence Plantations

Even though passenger vehicle drivers and truckers have reduced visibility and recognizing a motorcycle on a road or freeway, failing to see the bike is no excuse for the accident. Making a sudden lane change or turning in front of an approaching bike nearly always endangers the motorcyclist, causing a crash.

Even though the motorcyclist has the identical legal rights enjoyed by truck drivers and passenger vehicle motorists, negative stereotypes and prejudices often make it difficult to prove legal liability. Because of that, surviving family members of a lost loved one killed in a motorcycle accident will hire a  RI personal injury attorney  or a Rhode island wrongful death lawyer to help determine who was at fault for the death.

Hiring a  RI motorcycle accident Lawyer or Providence Car Accident Lawyers

An aggressive Providence wrongful death lawyer  or East Providence bike collision attorney can build a claim for compensation by gathering crucial evidence to substantiate which parties are at fault for the fatality. The Warwick, Cranston Or Providence motorcycle accident lawyer will file a motorcycle accident wrongful death lawsuit representing the executor of the estate of the deceased on behalf of the spouse, parents, child or grandparents of the decedent. The lawsuit will seek recompense for numerous kinds of damage including:

• Funeral and burial costs
• Hospital expenses and medical bills related to the accident
• Loss of consortium, companionship and friendship
• Loss of income, benefits, retirement
• Loss of any projected future earnings that would have provided financial support to the family
• Mental anguish, pain, suffering and emotional trauma suffered by the victim’s family
• The pain suffered by the victim before dying

There is no amount of financial compensation sufficient enough to replace the love, care and nurturing of the love one, nor extinguish the grief experienced by survivors. However, survivors do not deserve to be ruined financially because of the negligence, carelessness or recklessness of others.

A skilled  Rhode Island motorcycle accident attorney can evaluate the full impact of economic and non-economic losses to determine the value of a motorcycle accident wrongful death case. The  RI law firm will stand up to claims adjusters or opposing counsel to negotiate an out-of-court settlement or win the case at trial.

http://www.nhtsa.gov/Safety/Motorcycles

http://www.iihs.org/iihs/topics/t/motorcycles/fatalityfacts/motorcycles