Little Rock Fatal Motorcycle Accidents
Generally speaking, motorcyclists are more susceptible to sustaining life-ending injuries following an accident than those traveling in a car, truck, or bus. This is due to the limited amount of safety features provided by motorcycles, as protective clothing and helmets may not be enough. Moreover, motorcyclists absorb a significant amount of force when struck by larger vehicles, which can cause the motorcyclist to be thrown from the bike and potentially into the middle of road where he or she could be exposed to further danger. If you have lost a loved one in a fatal motorcycle accident, the Little Rock motorcycle accident lawyers of Nahon, Saharovich &Trotz are here to help. We are a large regional personal injury law firm, dedicated to fighting for Arkansans and others in the area.Recovering After Losing a Loved One
Unexpectedly losing a loved one is one of the most painful and tragic life events that can happen to a family, and extreme pain and sorrow is multiplied when the wreck could have been prevented in the first place. Those who have lost a loved one due to someone else’s negligent acts may be able to recover financial compensation under Arkansas’ wrongful death laws. However, not just anyone can bring a wrongful death claim. Those wanting to assert a claim after their loved one has passed away must follow Arkansas’ wrongful death statute, codified at Ark. Code Ann. § 16-62-102.
Beneficiaries of an Arkansas wrongful death action can include the surviving spouse, children, father, mother, brothers, and sisters of the decedent. Moreover, those acting in loco parentis or those to whom the deceased acted in loco parentis during the lifetime of the decedent can be considered beneficiaries as well.
In order to recover following a fatal motorcycle accident, beneficiaries must show that the party who caused the accident acted in a negligent or reckless manner. Negligence is generally established by proving the following elements by a preponderance of the evidence.
- Defendant owed the decedent a duty to act reasonably under the circumstances.
- Defendant breached that duty. Examples can include texting while driving, speeding, running a red light, or driving while intoxicated.
- Causation – both direct and proximate
- Actual damages
Under Arkansas law, survivors can seek damages based on injuries suffered by the decedent and the loss of the decedent’s life. For instance, the defendant may be forced to pay funeral bills, burial costs, medical bills, loss of income, and pain and suffering between the time of the wreck and date of death. Further compensation can include loss of household support and services, future lost income, and loss of comfort and guidance. Proving certain classes of damages can require testimony from an expert witness, so if a loved one died in a motorcycle crash, you should discuss your rights with a knowledgeable motorcycle accident lawyer in the Little Rock area.Call an Experienced Motorcycle Crash Attorney in Little Rock Today
After losing a loved one in a fatal motorcycle accident, your mind will likely be racing back and forth. Losing a loved one usually leaves a large void, emotionally and financially. However, it is important to contact a personal injury attorney right away so that all of your legal rights may be preserved. At Nahon, Saharovich & Trotz, our Little Rock attorneys serve those who have lost loved ones all across Arkansas, Tennessee, Kentucky, Missouri, and Mississippi, including in Little Rock, Jonesboro, Knoxville, Memphis, Chattanooga, Nashville, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, and Jackson. Call us at 800-529-4004 or complete our online form to set up a free consultation with a motorcycle wreck lawyer.