Jackson, TN Fatal Motorcycle Accidents
Motorcyclists are some of the most unprotected riders on the road, leading to many fatal accidents. On top of that, motorcyclists are usually ignored by other cars on the roadways. Every day, motorcycle accidents occur in the Jackson area, and many times they occur because a careless driver – looking only for other cars – failed to yield to a motorcycle. The Jackson motorcycle accident lawyers at Nahon, Saharovich & Trotz understand the unique circumstances that revolve around motorcycle accidents and Tennessee’s wrongful death laws. If you have lost a loved one due to the negligence of another driver, our Jackson attorneys are ready to speak with you today and let you know how we may be able to assist. We are the largest Tennessee-based personal injury law firm.
Fatal Motorcycle Accidents and Tennessee’s Wrongful Death Statute
If you have lost a loved one who was riding a motorcycle in the Jackson area, it is important to contact an experienced lawyer today to walk you through the complicated world of wrongful death claims. In Tennessee, a wrongful death is characterized as any death that is caused by injuries sustained from another or by the wrongful act, omission, or killing of another. A claim must be brought by the appropriate party. Under Tennessee law, the first person with priority to file a claim is usually the surviving spouse. If the decedent was single at the time of death, the next of kin or children of the decedent would be next in line. In some circumstances, the personal representative of the decedent’s estate may file the claim. Additionally, the parents of the decedent may file a wrongful death claim if the decedent was a minor and a dependent at the time of death.
In order to recover damages against the driver responsible for causing a fatal motorcycle accident, the negligence of the at-fault party will need to be established. To do so, the following elements must be proven, pursuant to Tennessee law:
- Duty owed by driver to motorcyclist
- Breach of duty by the driver
- Causation – direct and proximate
Duty often arises anytime someone is driving on the road. In Tennessee, drivers have a duty to drive safely. A driver breaches that duty when they fail to drive safely. Speeding, following too closely, and failing to yield are all examples of breaching a duty owed to other drivers, pedestrians, motorcyclists, and bicyclists.
Monetary damages available after a wrongful death include, but are not limited to, medical bills, lost wages until time of death, future loss of income, pain and suffering until time of death, and loss of consortium. Depending on the facts of the case, certain classes of damages may be established through expert testimony. For instance, if the deceased was employed and only 30 years old at the time of the wreck, future loss of income may be a large component of damages, under the assumption that he or she would have worked at least until the standard retirement age. A vocational economist can analyze factors such as the deceased’s education, earning history, work history, and qualifications in order to calculate future loss of income.
Contact a Motorcycle Accident Attorney in Jackson Today
The emotional impact after losing a loved one in a fatal motorcycle accident is always hard – but so is the financial impact. Medical bills, burial costs, and funeral expenses are generally the first items that come to mind. However, lost wages can affect a family’s ability to afford the cost of living the life they were accustomed to living. If you have lost a loved one in a fatal crash, the Jackson lawyers at Nahon, Saharovich & Trotz are ready to take your call. We have a team of 33 lawyers and over 120 support staff members who represent families affected by the loss of loved ones throughout Tennessee. Complete our online form to schedule your free consultation with one of our motorcycle crash attorneys.