Q: Can a motorcycle passenger sue for personal injuries if the driver died in the accident?
It all started with the stop sign he reportedly ran and his refusal to pull over to be ticketed. It quickly escalated to a hot pursuit police chase with the motorcycle reportedly blowing a red light and reaching speeds of about 100 miles an hour. Then the tragic end came– the motorcycle accident claimed the life of its fleeing driver and left his passenger with multiple serious personal injuries. No other vehicles were involved.
While an accident investigation continues, there was speculation that the driver may have been riding with a suspended license and after reportedly running the stop sign, tried to outrun the police for that reason. The driver ultimately locked up the brakes, lost control of the speeding motorcycle, and crashed into a cinderblock wall, dying at the scene from massive head trauma. His passenger allegedly broke both of her hands, one wrist, and possibly a forearm, and complained of neck and back injuries at the scene.
Motorcycle accidents commonly lead to personal injury lawsuits as well as wrongful death claims.
In a personal injury action, the victim must prove they were seriously injured as a result of the negligent, reckless, or intentional actions of another person. If they are able to establish liability, they may be entitled to recover damages including current and future medical bills, lost income, property damage, pain and suffering, and more depending on the circumstances of each particular case. In a wrongful death case, close relatives of the victim who can also establish liability for the death, may be entitled to recover damages including the victim’s final medical costs and funeral expenses, loss of care and companionship, and more, on a case-by-case basis. If the person responsible for a victim’s injuries or death also died, claims may still be made against their insurance company and/or their estate, if any.
If you or a loved one has been injured in a motorcycle accident or any other accident as a result of the actions of another, the personal injury attorneys at J&Y Law Firm will help you get the compensation you’re entitled to. Call us today at 888-806-6722 for a free consultation. From our headquarters in Los Angeles and our 21 offices throughout the state, we represent clients all over California.