Virginia Injury Lawyers Blog
Because motorcycles have fewer safety protections than cars, a motorcycle accident can lead to significant injuries and fatalities. When a person dies in a fatal motorcycle accident, their surviving loved ones may be unsure what to do next. While bringing a lawsuit may be the last thing on their mind, recovering compensation can help alleviate the medical, funeral, and burial expenses resulting from the accident. An experienced Virginia personal injury attorney can work with you to hold the responsible driver accountable for a motorcycle accident.
For example, according to a recent news story, one person tragically lost his life in a Virginia motorcycle accident. Virginia State Police reported that the Arlington, Virginia crash took place on southbound I-395 in the early morning. Three motorcyclists were traveling on the highway when a SUV struck all their motorcycles from behind. Two of the motorcyclists were transported to the hospital, where one sadly died from his injuries.
What Are the Elements of a Fatal Virginia Motorcycle Accident Lawsuit?
When a person dies in a Virginia motorcycle accident, their loved ones can bring a wrongful death lawsuit against the responsible driver. In Virginia, the deceased’s personal representative must file a wrongful death lawsuit, but the deceased’s loved ones may receive the resultant damages award. Virginia law allows representatives to bring a wrongful death action if the deceased could have sued if they survived. Therefore, to prevail on a wrongful death action, the plaintiff must prove all four elements of negligence. These include a duty of care, a breach of that duty, a causal link between the breach and the accident, and harm as a result of the accident.
How Can Motorcyclists Avoid a Fatal Accident?
The Virginia Department of Motor Vehicles (DMV) recommends several tips for motorcyclists to stay safe while operating their vehicles. First, before getting on the road, the DMV advises wearing proper motorcycling gear. This includes a helmet, eye protection, gloves, and proper footwear. For example, eye protection can entail using shatter-proof goggles, glasses, or face shields. In addition to wearing proper gear, the DMV suggests using turn signals to warn other drivers that you are slowing down to make a turn. Failing to use a turn signal may lead to a rear-end accident. Similarly, motorcyclists should avoid tailgating other drivers. If you need to pass a driver, move into a different lane instead of accelerating behind the driver. Finally, follow all posted speed limits and traffic signs. While not all accidents are completely preventable, these safety measures can help you stay safe while operating your motorcycle.
Have You Lost a Loved One in a Fatal Virginia Motorcycle Accident?
If your loved one has died in a fatal Virginia motorcycle accident, the dedicated personal injury attorneys at The Schupak Law Firm are here to help. Our attorneys possess several years of experience working with Virginia accident victims and their loved ones. In the aftermath of a devastating accident, we will help you understand your options to recover the compensation you need and deserve. For a free initial consultation, give us a call at 240-833-3914.