Cole, Cole, Easley and Sciba Trial Attorneys can help you and your family if you’ve lost a loved one in a fatal motorcycle accident in Victoria. It’s unfortunate, but the vast majority of motorcycle accidents here result in serious injuries. And in the worst case scenario, these injuries end up being fatal. Our team can help your family through the claims process so you can focus on each other. Set up a free consultation today.
Why a Lawyer Makes Sense After a Fatal Motorcycle Accident
Losing someone you love in a motorcycle accident is tragic, no matter what the circumstances are. And the last thing you’re all thinking of is going through the claims process on top of planning services, telling the rest of your family, and simply adjusting to your new reality.
That’s usually where having a lawyer starts to make sense. Our team can help:
- Investigate exactly how the accident happened
- Figure out who may be legally responsible
- Gather police reports, official records, witness statements, pictures, and other evidence
- Handle talks with insurance companies
- Take some of the legal pressure off your family while you focus on each other
You’re already dealing with enough after losing someone in a motorcycle accident. Trying to handle the legal process at the same time can feel impossible. The first step is understanding what happened.
What Information Should We Try to Get After the Accident?
One of the biggest issues in a fatal motorcycle accident claim is figuring out what actually happened. And it’s not just because you weren’t there. Motorcycle accidents happen for a lot of different reasons, and that’s why the details matter.
But it’s also difficult to know where to start when you weren’t there at the scene. However, there’s certain things that will help you and your family to start putting the pieces together, like:
- The police report from the Victoria Police Department (VPD) or Texas Highway Patrol (THP). It’s usually one of the first pieces of evidence families look at because it can include what the officer saw at the scene, statements from people involved, whether any tickets were issued, and details about how the accident happened.
- Pictures/videos of the motorcycle, other vehicles, roadway conditions, debris, and damage. Even though you probably weren’t there, these things can show what the aftermath looked like. These are usually included in the police report, but we can also ask any bystanders if they have anything.
- Statements from anyone who saw the accident, which can provide details about what they saw before, during, and after the accident, especially if the other driver’s version of events is different.
- Camera footage from nearby businesses, intersections, or traffic cameras. Video evidence can sometimes provide the clearest picture of what happened, but it often needs to be gotten quickly before it gets deleted.
- Medical records, death certificates, or autopsy reports. These records help connect the accident to your loved one’s passing and document the medical impact and expenses that followed.
Obviously, every situation is different. But what you and your family need to focus on is each other, not trying to track down every single piece of information related to the accident. Normally, a few pictures and records is enough to get things started. Our team can fill in the gaps the rest of the way.
Who’s Legally Responsible For a Fatal Motorcycle Accident?
While every motorcycle accident is different, the starting point of the claims process is always the same: figuring out who’s legally responsible.
That also includes fatal accidents, and although the stakes are raised, the legal standard for responsibility is still based on negligence. Most of the time, this is going to involve a driver. And even though it’s hard to think about, the same things that cause non-fatal motorcycle accidents also lead to fatal ones, such as:
- Turning left in front of a motorcycle without seeing the rider
- Changing lanes without checking blind spots
- Following too closely
- Driving distracted
- Failing to yield
- Driving under the influence
- Speeding or driving aggressively
Of course, it also depends on the actual details, too. That could potentially bring others in, like:
- The city or state government, if poor road conditions, missing signage, or something else they’re in control of led to the accident.
- The company that made the motorcycle or its parts, if something was defective or malfunctioned.
Even in fatal motorcycle accidents, there’s still comparative negligence, too. That means insurance companies may try to argue that your loved one was partially responsible for the accident. That doesn’t prevent your family from filing a wrongful death claim, though.
What Does the Wrongful Death Claim Process Usually Look Like?
After losing someone in a motorcycle accident, dealing with a legal claim is probably the last thing your family wants to think about. But the reality is that this kind of accident causes serious financial challenges on top of the emotional loss.
That’s why a wrongful death claim exists, but it works a bit differently from a normal injury claim. First, only certain people can file it. Currently, Texas only allows surviving spouses, children, or parents to file on behalf of the family. If there are none, a personal representative of the estate can file. Once that gets sorted out, though, the process starts looking more familiar. It actually gets filed through either:
- An insurance claim outside of court
- A wrongful death lawsuit
The other main difference between an injury claim and a wrongful death claim is in the damages, which can include:
- Funeral and burial expenses
- Medical expenses related to the accident
- Lost income and future financial support
- Loss of companionship
- Loss of guidance and support
- Pain and suffering experienced before death
- Emotional and financial hardships caused by the loss
In Texas, wrongful death claims generally must be filed within two years of the date of death. Waiting too long can create problems, especially when evidence needs to be preserved.
Where Fatal Motorcycle Accidents Happen Around Victoria
It’s extremely hard to come to terms with a motorcycle accident that turns fatal in Victoria. But unfortunately, part of the claims process is looking at the details of where and how the accident happened. And because any motorcycle accident can turn fatal under the right conditions, that means many of the same places see them over and over again, like:
- S. Highway 77 and Navarro Street
- Houston Highway and Business 59
- Loop 463 and major intersections around Victoria
- Rural roads throughout Victoria County
Regardless of where it happens, the same problem shows up again and again: motorcycle riders have very little protection when another driver makes a mistake. A careless turn, a missed blind spot, or a driver who simply fails to see a motorcycle can change your family forever. And while a wrongful death claim won’t bring your loved one back, you and your family also don’t have to face this alone.
Get Help After a Fatal Motorcycle Accident in Victoria
Losing someone in a motorcycle accident can leave your family trying to figure out what happens next while also dealing with an incredible amount of grief. There are questions about insurance companies, medical expenses, funeral costs, and how your family is supposed to move forward after something that never should have happened. That’s a lot for anyone to handle.
Our Victoria fatal motorcycle accident lawyers at Cole, Cole, Easley and Sciba Trial Attorneys can help your family understand your options and handle the legal process while you focus on what matters most: each other. Set up a free consultation when you’re ready.
