Motorcycle accidents are among the deadliest types of vehicle collisions. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are about 22 times more likely to die in a crash than occupants of passenger cars.
In Louisiana, where motorcycles are a popular mode of transportation, fatal accidents involving motorcycle riders are unfortunately all too common. 97 riders tragically lost their lives in the state in 2023.
After a fatal motorcycle crash caused by another driver’s negligence, the family of the victim can file a type of personal injury claim called a wrongful death claim to help cover the resulting funeral expenses and lost household income, as well as to compensate them for the extreme emotional toll of their loss. When crash victims suffer injuries that eventually prove fatal, their families also have the option to instead file a type of personal injury claim called a survival action. This claim lets them recover the cost of the medical treatment their loved one received before their passing, lost wages, and compensation for the pain and suffering their loved one experienced.
If another party’s negligence caused a motorcycle crash that took your loved one’s life, understanding when and how to file a survival action or wrongful death claim can help your family get the resolution you need to move forward. Here’s what to know and how a Louisiana motorcycle accident lawyer can support your family.
When Does an Injury Claim Become a Wrongful Death Claim?
A wrongful death claim arises when a person’s life is lost due to the negligence or misconduct of another party. In motorcycle accidents, these cases often involve:
- Collisions with distracted or impaired drivers
- Failure of other motorists to yield to riders
- Road hazards or poor road or traffic signal maintenance leading to fatal crashes
- Defective motorcycle parts or safety equipment failures
Unlike personal injury claims, which compensate the victim of the injury, wrongful death claims are intended to compensate the surviving family of the deceased for their loss.
However, after a death, the surviving family members may choose to instead file a survival action, which essentially continues the personal injury claim of the deceased. In these cases, the family is seeking compensation for the deceased’s suffering and financial losses on their behalf.
Who Can Submit a Wrongful Death Lawsuit in Louisiana?
Louisiana law specifies that only certain family members are eligible to file a wrongful death lawsuit. In order of priority, those eligible include:
- The surviving spouse and children
- If there is no spouse or children, the deceased’s parents
- If there are no surviving parents, the deceased’s siblings
- If no siblings are alive, the deceased’s grandparents
Losing a loved one is a heartbreaking experience. Initiating a wrongful death claim with the support of an experienced attorney can provide some direction during this tough time.
Steps To Filing a Wrongful Death Claim
Filing a wrongful death claim can feel overwhelming, especially while grieving. Knowing what to expect can make the process more manageable.
1. Gather Evidence of Negligence
To succeed in a wrongful death claim, you must prove that another party’s negligence directly caused your loved one’s death. Evidence can include:
- Police report detailing the accident
- Witness statements
- Traffic camera or dashcam footage
- Expert accident reconstruction reports
- Medical records showing the cause of death
- Toxicology reports of the other driver (if impairment was a factor)
2. Collect Financial and Emotional Impact Documentation
In addition to proving negligence, you must demonstrate the financial and emotional damages caused by your loved one’s death. These can include:
- Funeral and burial expenses
- Lost wages and financial support
- Medical bills incurred before death
- Loss of companionship and emotional suffering
- Loss of household contributions (such as childcare or caregiving responsibilities)
3. File the Wrongful Death Lawsuit
In Louisiana, a wrongful death claim must be filed within one year of your loved one’s passing. Missing this deadline could mean losing the chance to seek compensation. The process involves:
- Submitting a formal complaint to the court
- Explaining what happened and how negligence played a role
- Detailing the damages your family is seeking
A wrongful death claim can be a long legal road, but your attorney will be there to guide you through it, helping you honor your loved one’s memory and seek the compensation you deserve.
4. Negotiation and Litigation
After filing, the case may proceed in one of two ways:
- Settlement Negotiations: Insurance companies may offer a settlement, which can provide quicker financial relief. However, these offers are often lower than what the family deserves.
- Trial: If a fair settlement isn’t reached, the case may go to court, where a judge or jury will determine compensation.
Why Hiring a Louisiana Motorcycle Accident Lawyer is Essential
Dealing with the loss of a loved one is overwhelming, and navigating the legal system while grieving can feel impossible. A skilled motorcycle accident lawyer can handle the legal duties of your claim, allowing you to focus on healing.
At Dudley DeBosier Injury Lawyers, we can:
- Investigate the accident and gather critical evidence
- Handle negotiations with insurance companies
- File all necessary legal paperwork on time
- Represent your family in court if necessary
- Fight for the full compensation you deserve
Get the Legal Help You Need Today
If you’ve lost a loved one in a motorcycle accident due to another party’s negligence, you deserve compassionate, qualified legal help. At Dudley DeBosier Injury Lawyers, we are committed to fighting for families who have suffered unimaginable losses. Nothing can replace your loss, but financial security can ease the road ahead.
Contact us today for a free consultation to discuss your case. We are here to assist you through this difficult time and help you get the compensation and closure you deserve.
Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.
