Fatal Motorcycle Accidents in College Station
Motorcycle wrecks are an increasing problem in Texas, resulting in hundreds of serious injuries and deaths every year. When a car or truck collides with a motorcycle, the rider is susceptible to severe or even fatal injuries because bikes provide very little physical protection compared to other vehicles.
While there are many different reasons fatal motorcycle accidents in College Station occur, in many circumstances, the crashes are caused by someone’s negligence. Whether this is the negligence of another driver or the motorcycle manufacturer, you could pursue a wrongful death case on your loved one’s behalf if you lost them in a fatal motorcycle wreck. Contact a compassionate motorcycle crash attorney at Chad Jones Law to discuss your legal options.
Filing a Wrongful Death Claim
A wrongful death happens when an injury causes a person’s death due to another person’s or entity’s wrongful act, neglect, or recklessness.
Damages available to family members of fatal motorcycle accident victims in College Station will depend on their relationship to the deceased person and the nature of the collision. Surviving family members could expect to recover damages such as:
- Medical expenses related to their loved one’s cause of death;
- Funeral and burial expenses;
- Lost financial support, income, and benefits of the deceased;
- Pain and suffering;
- Loss of inheritance.
In Texas, punitive damages are not available in a wrongful death lawsuit unless the defendant acted recklessly or intentionally in causing the person’s death.
Limitations on Wrongful Death Actions in Texas
In Texas, only certain family members can bring a wrongful death claim. The Texas Wrongful Death Act allows the deceased’s spouse, children, or parents to bring a claim on their behalf. In addition, the deceased person’s estate may pursue a wrongful death claim if the deceased’s family members are unable to or fail to file within three months of their loved one’s passing.
The statute of limitations for wrongful death actions is two years after the date of death or when the cause of action occurs in Texas. As such, surviving family members usually only have two years to file on behalf of their loved one.
Failure to bring a wrongful death suit within the statute of limitations could mean the deceased’s family members lose their right to compensation. In some circumstances, the court will “toll” the statute of limitations. For example, when the plaintiff is under 18 or when the negligence was not apparent or fraudulently concealed. Contacting a knowledgeable lawyer after a fatal motorcycle crash in College Station is crucial to avoid missing this important deadline.
Consult an Attorney After Losing a Loved One in a Fatal Motorcycle Accident in College Station
While no amount of money mitigates the pain of losing your loved one after a fatal motorcycle accident in College Station, you should consult an experienced legal professional regarding your loved one’s death. If their death was due to another person’s or entity’s careless, reckless, or intentional act, we can help.
At Chad Jones Law, our attorneys dedicate themselves to helping families obtain the compensation they deserve after the death of their loved one in a fatal motorcycle wreck or any other type of accident. The state laws and procedures governing wrongful death claims can be complicated, but hiring a trusted lawyer can help make the process smoother.