When it comes to car-bike crashes, cyclists are more often than not the ones who sustain the worst injuries. And many of these types of accidents in Los Angeles can lead to fatalities. If you lost your loved one in a fatal bike accident, you may be able to file a wrongful death claim.
We know that nothing can take away the pain of losing a loved one. But we can help you hold the at-fault party accountable for their actions. At Los Angeles Bicycle Law, we treat our clients with compassion and will do our best to maximize the compensation owed to you under the law. Speak to experienced bicycle accident attorney to learn more.
What Is Considered Wrongful Death in Los Angeles?
Under California law, wrongful death is as any death that occurs due to the careless or reckless actions of another party. Surviving loved ones (including children, spouses and parents) may file a wrongful death claim to receive financial compensation.
When you file a wrongful death claim, you as the plaintiff are required to provide the burden of proof. That means that you must provide evidence that the other party is actually at-fault. A seasoned bicycle accident attorney can help you obtain such evidence, including the following:
- Police records
- Phone records
- Eyewitness testimony
When a fatal bike accident occurs, it is important that the at-fault party be held accountable.
What Types of Damage Can You Recover in a Wrongful Death Claim?
A wrongful death claim is simply intended to provide expenses related to the death to the surviving family members. And the process of obtaining compensation is similar to that of a personal injury claim. However, there are some differences. For instance, unlike a personal injury claim, a wrongful death claim can provide compensation for burial and funeral expenses.
Here are the most common types of compensation received for a wrongful death claim:
- Emotional and mental distress
- Burial and funeral expenses
- Medical bills incurred before death
- Any loss in:
- Income that would have gone to the survivors
- Household services, including childcare
- Companionship, guidance and support
A Los Angeles bicycle accident attorney can help you figure out what types of compensation you can obtain for your wrongful death claim.
Holding the at Fault Party Accountable
No one wants to be at fault for an accident, especially a fatal bike accident. Because of this, the at-fault party may attempt to shift some of the blame onto the cyclist. Under California’s comparative fault rule, if the victim of accident is even partially responsible for the accident, then they will be assigned a specific percentage of fault. If the court awards that victim with compensation, then that amount will be reduced by the percentage of fault.
More often than not, motorists will use a variety of tactics to shift some blame onto the cyclist. Such tactics can include claiming that the cyclist wasn’t paying attention, was intoxicated or under the influence, or was not obeying traffic laws. Because of these tactics it is vital that you have an experienced Los Angeles bicycle accident attorney on your side. Your attorney knows the different strategies motorists use to shift the blame, and will work hard to identify all parties who can be held liable for the death of your loved one.
Common Fatal Bike Accident Scenarios
Most fatal bike accidents occur due the careless actions of motorists. In California, cyclists have the same rights on the roadway as motorists. Here are some common fatal bike accident scenarios that we’ve seen:
- Overtaking cyclists and sideswiping or rear-ending them
- Opening a car door as a cyclist is approaching
- Making a right hand turn into the path of a cyclist
Getting the Compensation You Deserve for Your Wrongful Death Claim
Losing a loved one to a fatal bike accident is devastating. And it’s even more devastating when the at-fault party tries shift the blame onto the victim. Speak with an experienced bicycle accident attorney at Los Angeles Bicycle Law today. We can explain your legal rights and options.