Little Rock Fatal Motorcycle Accidents
Wrongful Death Attorneys Serving Little Rock
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.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.