A wrongful death claim demands that the at-fault party’s insurance company compensate your family for the financial and personal losses you suffer. Families navigating the legal system after a fatal motorcycle accident in Bakersfield need a clear plan to protect their future.
Your family’s financial security suddenly depends on the actions you take next because these cases require a thorough investigation to prove that another party’s negligence directly caused the crash.
Filing a wrongful death lawsuit allows you to pursue the resources you need to move forward. This process involves complex legal steps that a skilled attorney handles on your behalf.
Key Takeaways for Fatal Motorcycle Accidents in Bakersfield
- California law permits specific family members, such as a spouse, domestic partner, or children, to file a wrongful death claim.
- A successful claim establishes that another party's negligence or wrongful act caused the motorcyclist's death.
- Your family may recover compensation for lost financial support, funeral expenses, and the loss of the decedent's love and companionship.
- Insurance companies often try to shift blame to the motorcyclist to reduce or deny a claim, making legal representation valuable.
- An attorney gathers evidence, communicates with insurers, and builds a compelling case to secure your family's financial stability.
Establishing Liability in a Bakersfield Motorcycle Fatality
Holding the responsible party accountable begins with a detailed investigation. A successful motorcycle wrongful death claim hinges on proving that another person’s carelessness or illegal actions led to the accident. Your lawyer builds this case by gathering and analyzing all available evidence.
Fatal motorcycle accidents in Bakersfield often result from the actions of other drivers on busy roads, such as the Westside Parkway or CA-99. An attorney works to reconstruct the events of the crash to show exactly how the other party caused the tragedy.
The Police Report
Lawyers use the official police report as a starting point for their investigation. The report contains the responding officer’s initial impressions, statements from witnesses, and a diagram of the accident scene. This document often identifies who the officer believed was at fault.
However, initial reports may contain errors or reflect biases against motorcyclists. Your attorney carefully reviews the report for inaccuracies and compares its conclusions with other evidence.
If the report unfairly places blame on your loved one, your lawyer challenges that finding with facts from their own independent investigation.
Gathering Critical Evidence
A strong legal case relies on more than just the police report, so your attorney gathers additional evidence to present a clear picture of the other party’s fault. This protects your claim from the tactics insurers use to deny responsibility.
Common examples include:
- Witness Statements: Your lawyer locates and interviews anyone who saw the crash happen to get firsthand accounts of the event.
- Scene Photos and Videos: Your legal team collects photographs from the scene and may secure traffic camera or dashcam footage that captured the collision.
- Cell Phone Records: An attorney can subpoena the at-fault driver's phone records to determine if they were texting or otherwise distracted.
- Vehicle Data: Your lawyer may analyze data from the at-fault vehicle's black box to reveal its speed and braking patterns before the crash.
California's Comparative Negligence Rule
Insurance companies often argue that the motorcyclist shared some blame for the crash. They do this because California follows a pure comparative negligence rule. This law states that a family's total compensation gets reduced by the percentage of fault assigned to their loved one.
For example, if a jury determines your loved one was 10% responsible for the accident, your family’s final compensation award gets reduced by 10%.
Wrongful death attorneys fight tirelessly to counter these arguments. They use the evidence they gather to demonstrate that the other driver bears the overwhelming share of responsibility for causing the motorcycle accident.
Understanding Wrongful Death Claims in California
A wrongful death claim is a civil lawsuit filed by the survivors of a person who died due to someone else’s negligence. This legal action allows the family to pursue compensation for their own losses stemming from the death. It’s separate from any criminal charges the at-fault party may face.
The goal of a wrongful death claim is to provide financial stability for the families left behind after a fatal motorcycle accident in Bakersfield. These claims address the tangible and intangible losses that result from a sudden death.
Who Has the Right To File a Claim?
California Code of Civil Procedure 377.60 specifies who can file a wrongful death lawsuit. The law prioritizes the closest surviving family members.
These individuals have the primary right to file:
- Surviving Spouse: A person legally married to the decedent at the time of death has the right to file a claim.
- Domestic Partner: A registered domestic partner also shares the right to file a claim.
- Surviving Children: Biological or adopted children of the deceased may bring a wrongful death claim.
If none of these individuals exist, the right passes to anyone who would be entitled to inherit the decedent’s property under California’s intestate succession laws. This can include parents or other relatives.
Additionally, certain individuals who were financially dependent on the deceased may have the right to file, such as a putative spouse (someone who believed in good faith they were married to the deceased), the children of a putative spouse, stepchildren, or dependent parents.
Finally, a minor who lived in the decedent’s household for at least 180 days before the death and was dependent on the decedent for at least half of their support may also be eligible to bring a claim.
A personal representative of the decedent’s estate may also file the claim on behalf of the eligible family members.
The Statute of Limitations for Wrongful Death
In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person's death. Waiting too long to take action may permanently bar your family from seeking compensation.
This deadline makes it vital to contact an attorney promptly. Evidence disappears over time, and witnesses' memories fade. Prompt action after a fatal motorcycle accident in Bakersfield allows your lawyer to start an immediate investigation and build the strongest possible case for your family.
Types of Compensation Available After a Fatal Motorcycle Crash in Bakersfield
No amount of money can replace your loved one. However, a wrongful death claim provides the financial resources needed to secure your family’s future and hold the at-fault party accountable.
A settlement or court award covers the specific economic and non-economic harms your family now faces. An experienced Bakersfield wrongful death lawyer meticulously documents your losses to demonstrate the full value of your claim.
A wrongful death claim allows your family to pursue compensation for your own losses, including:
- Lost Financial Support: Your family may recover the income and benefits the deceased would have earned and provided throughout their lifetime.
- Funeral and Burial Expenses: This includes the reasonable costs associated with your loved one's funeral service and burial or cremation.
- Loss of Companionship and Support: Your family may receive compensation for the loss of the deceased’s love, community, attention, moral support, and guidance.
- Loss of Household Services: You can claim the value of the household services your loved one provided, such as childcare, home maintenance, and financial management.
Survival Action
California law also allows the deceased's estate to file a separate but related claim called a survival action. A survival action differs from a wrongful death claim because it seeks to recover the damages that your loved one suffered and could have claimed themselves had they survived the accident.
While a wrongful death claim compensates your family for your losses, a survival action compensates the estate for the deceased's losses.
Damages the estate can recover in a survival action include:
- Medical Expenses: This covers the cost of all medical care your loved one received for their injuries between the time of the accident and their death.
- Lost Wages: The estate can claim any wages and benefits your loved one lost because they were unable to work from the date of the crash until their passing.
- Property Damage: This includes the cost to repair or replace the damaged motorcycle and any other personal property destroyed in the accident.
- Exemplary Damages: In cases where the at-fault party acted with malice or extreme recklessness, the estate may recover exemplary damages, which are intended to punish the wrongdoer.
How a Lawyer Can Help Your Family After a Fatal Motorcycle Accident in Bakersfield
After losing a family member, the thought of managing a complex legal claim feels impossible to many families. A Bakersfield wrongful death lawyer lifts this burden from your shoulders. They manage every aspect of the case so you can focus on healing with your family.
Your attorney acts as your advocate, investigator, and negotiator. They have the knowledge to counter the insurance company's tactics and the dedication to pursue the full compensation your family needs.
Investigating the Accident
A lawyer immediately launches an independent investigation into the crash. They gather all critical evidence, including police reports, witness statements, and any available video footage. This proactive approach ensures that valuable information doesn’t get lost or overlooked.
Calculating Your Family's Full Damages
Your attorney works with financial experts to calculate the total economic and non-economic losses your family has suffered. This calculation includes future lost income, the loss of benefits, and the immense personal loss of companionship and support.
A detailed accounting of damages helps prevent you from accepting an inadequate settlement offer.
Communicating With Insurance Companies
All communications with the at-fault party's insurance company go through your lawyer. You don’t have to speak with aggressive claims adjusters who may try to twist your words or get you to accept a low offer. Your attorney handles all negotiations for you.
Filing the Wrongful Death Lawsuit
Your lawyer prepares and files all the necessary legal paperwork to initiate the wrongful death lawsuit in Kern County Superior Court. They manage all court deadlines and procedures throughout the legal process.
If the insurance company refuses to offer a fair settlement, your attorney will represent your family’s interests at trial.
FAQ for Fatal Motorcycle Accidents in Bakersfield
What Is the Difference Between a Wrongful Death and a Survival Action?
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and the loss of companionship.
A survival action is a separate claim filed by the decedent's estate to recover damages the deceased person would have been entitled to claim had they survived, including medical expenses incurred between the accident and their death.
How Does a Bakersfield Wrongful Death Lawyer Prove Another Driver Caused the Motorcycle Crash?
Your attorney proves another driver's fault by gathering compelling evidence. This includes the police report, eyewitness testimony, photos and video from the accident scene, and data from the vehicles involved.
By piecing this evidence together, your lawyer creates a clear narrative that shows how the other driver's negligence directly caused the collision.
Can Our Family Still File a Claim if Our Loved One Was Partially at Fault?
Yes, California's pure comparative negligence rule allows you to file a claim even if your loved one shared some responsibility for the accident. Each party gets assigned a portion of fault, and your loved one’s percentage will reduce your family's compensation.
An attorney’s job is to minimize the fault attributed to the motorcyclist to protect your family's recovery.
What if the At-Fault Driver Was Uninsured or Underinsured?
If the at-fault driver has no insurance or not enough insurance to cover your family's losses, your lawyer can explore other options. They’ll review your loved one's own auto insurance policy to see if it includes Uninsured/Underinsured motorist (UM/UIM) coverage, which you may claim against.
How Long Does a Wrongful Death Case Typically Take?
The timeline for a motorcycle wrongful death claim varies widely depending on the complexity of the case. Some cases may settle in several months through negotiation with the insurance company.
If the case proceeds to a lawsuit because the insurer contests liability or damages, it may take many more months to resolve.
Focus on Your Family’s Future
After a devastating loss, a Bakersfield wrongful death attorney can help secure your family’s financial foundation. A wrongful death claim is a powerful tool for rebuilding your life and holding a negligent party responsible.
The Law Offices of Mickey Fine provides the clear guidance and dedicated advocacy your family needs. We manage the entire legal process so you can concentrate on what matters most: your family. For a confidential discussion about your case, call us today at (661) 333-3333.