Motorcyclists are at a much higher risk of death or severe injury in the event of a crash compared to drivers and passengers in cars, trucks and SUV's. If your loved one passed away due to injuries he or she suffered in a motorcycle collision, nothing can make up for this tragic loss. However, legal action in the form of a wrongful death lawsuit may allow for financial recovery and help you hold all liable parties fully accountable from a civil standpoint. Read on to learn about the elements of Texas wrongful death lawsuits and what you can do if you are interested in seeking civil justice for your loved one through a wrongful death claim.
Is a Motorcycle Accident Fatality Considered a Wrongful Death in Texas?
Any unexpected death feels “wrongful” to the victim's surviving loved ones. However, a wrongful death is specifically defined by Texas law as a death caused by wrongful act, recklessness, or negligence. You may be able to bring a wrongful death lawsuit on your deceased loved one's behalf if he or she was killed in a motorcycle crash caused by another party's negligent or even unlawful behavior. Some examples of negligent or illegal behavior that may lead to a fatal motorcycle crash include:
- Drunk driving
- Distracted driving
- Fatigued driving
- Speeding
- Erratic lane changes
- Running a red light or stop sign
- Truck driver negligence
- Driving while under the influence of drugs
The party liable for a motorcycle fatality is not always another driver. For example, defective design or manufacture of tires, motorcycle parts, or the motorcycle helmet may also cause an avoidable fatality. Ineffective road design or other government negligence may even be to blame.
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