What Is A Wrongful Death In A Motorcycle Case In Virginia?

Key Highlights:

• Wondered about what is a wrongful death in a motorcycle case in Virginia? When a bike rider dies due to someone else’s negligence or wrongdoing, which allows the family to file a claim under state law. 
• A wrongful death claim is classified as belonging to an estate, and the estate files the claim on behalf of the family.
• Successful motorcycle wrongful death cases depend on the lawyer removing any incorrect beliefs or biases against the motorcyclist and proving that the other party was at fault and not the rider. 
• Virginia has a very stringent fault system, which becomes even more complicated when the rider is unable to testify.
• Accident reconstruction has never been more important to establish what exactly happened at the accident site than in wrongful death cases, as the rider is not there to testify. 

According to Virginia law, if someone dies in a motorcycle accident, the family can make a particular claim, which is different from the claim that could have been made by the biker for injury. This claim is known as a motorcycle wrongful death claim. Thanks to this claim, grieving people can seek compensation for expenses related to the funeral, loss of income, and the enormous grief that has resulted. 

These laws are complicated and require skillful assistance from a lawyer who is well-versed in motorcycle wrongful death in Virginia lawsuits. At Tatum & Atkinson Law Firm, our team of Virginia wrongful death lawyers is going to support and guide you through every step of this difficult process.

If you have lost a loved one in a motorcycle accident, contact our Virginia wrongful death attorney at (800) 529-0804 and get a free consultation on your legal options.

What Is a Motorcycle Wrongful Death in Virginia Claim

A wrongful death can be defined as one that is caused by the negligent act of another party. In this case, there was a deadly motorcycle accident that was triggered by the actions of another.

Under Va. Code § 8.01-50, the wrongful death claim Virginia is filed by the personal representative of the deceased rider, on behalf of the family members designated by law (statutory beneficiaries) who have suffered the loss. In order to win the case, one needs to show that the responsible party had a duty of care and breached it, which led to the death of the victim and significant losses to the family as a result of it.

Why Fatal Motorcycle Accident Cases Are Different

There are two crucial distinctions of fatal bike accidents. The first distinction is bias: insurance companies tend to rely on stereotypes and generalize that the rider was speeding or carelessly riding his bike, and that no challenges to that view arise unless someone provides alternative evidence. 

The second feature of fatal motorcycle accidents is proof: the rider, too, is missing and unable to testify about what happened. Thus, the case is often built from the analysis of the accident scene instead of from the testimony of the one who knows what happened.

Liability: Who May Be Responsible

The majority of deadly motorcycle crashes occur because another driver is reckless. Most common causes are:

• Not yielding the right of way to a motorcycle.
• Turning left into the path of an oncoming motorcyclist.
• Lane changing into a motorcycle that the driver did not notice.
• Impaired or distracted driving.
• Speeding or driving too fast for conditions.
• A dangerous road defect, where a governmental agency failed to maintain the road.

Sometimes, liability goes further than the driver. If the responsible driver was on the job, then there may be shared liability with that person’s employer, and if a part is defective, the manufacturer may have liability too.

Contributory Negligence and Why Accident Reconstruction Matters Most in Wrongful Death Cases

The Commonwealth adopts pure contributory negligence principles; hence, if the rider has been found to be even 1% responsible for the crash, his or her family may not be able to get any compensation. This principle is particularly harsh in the case of vehicle accidents that have resulted in motorcycle fatality. 

Since the deceased rider cannot rebut the version of events presented by the other party, the case may completely depend on the analysis of physical evidence (stationary positions of vehicles, damage, and sight lines), which allows for reconstructing the crash by an expert and disputing the unjust accusation. Moreover, the claim should be filed within two years deadline. 

Damages and the Family’s Loss

The wrongful death law in Virginia emphasizes the familial suffering rather than the estate-related losses. Pursuant to Va. Code § 8.01-52, damage awards that are recoverable include: 

• Losses experienced by family members
• The pain and suffering they underwent
• Loss of companionship
• Loss of income and services that the deceased person would have provided
• Medical expenses related to the last injury
• The expenses of burying the deceased person 

Punitive damages recovery may also be involved in particular cases of serious negligence, and the disbursement of funds is carried out in accordance with the law and under the approval of the VA court. 

Demand Justice for Your Loved One: Schedule Your Free Consultation Today 

The death of someone dear to you in a motorcycle accident is a tragedy no family should deal with alone. If you have reason to believe another motorist is liable, you have nothing to lose by finding the truth by contacting us.

Our motorcycle accident attorneys at Tatum & Atkinson handle claims for motorcycle wrongful death in Virginia through its Cedar Bluff office, where we serve all of Southwest Virginia. Our team works with the best professionals in accident reconstruction so that we eliminate any bias against motorcyclists and do all the legal work so you can concentrate on your grieving. 

You can call (800) 529-0804 for a free and confidential consultation. We charge no fee unless we obtain compensation for your family.

FAQs: What Is A Wrongful Death In A Motorcycle Case In Virginia?

Who can bring a motorcycle wrongful death claim in Virginia?

A motorcycle accident claim is filed by a legal representative of the deceased driver, usually a spouse, child, or parent of the deceased. Despite there being one person making the claim, this is done on behalf of the eligible family members under Virginia law – namely the surviving spouse, children, and parents or any next of kin in the absence of a spousal relationship or children. 

Can the family still recover if the driver claims the rider was at fault?

Sometimes, yes, but this issue must be dealt with carefully. The state has a rule that bars recovery if the rider is found even 1% at fault. Therefore, the defense usually argues that the rider was the main cause of the accident to put the blame on them. The collision reconstruction specialist, eyewitnesses, and facts of the accident scene usually allow proving that the other party is absolutely guilty, not the rider. 

Why is accident reconstruction so important in a fatal motorcycle case?

The reason is that the person who could provide all the necessary explanations regarding the accident is no longer here to testify. So, a specialist takes a look at the skid mark, damages of the vehicle, the final position of the vehicle, the design of the road, and the visibility on the road to find out the speed, the angle, and who had an opportunity to avoid the collision. 

What can a family be compensated for after losing a loved one in a motorcycle accident in Virginia? 

In Virginia, both the emotional and economic aspects of death are recognized by the law. This means that the family can be compensated for the pain and suffering and loss of companionship. The intention is not to put a number on life but to address the harm suffered by the family after the untimely death of a loved one. 

What does it cost to talk with a Virginia wrongful death lawyer?

There is no cost at all as the cases are taken up on a contingency basis; that is why no fees are charged unless compensation is awarded, plus the first interview is free. Due to the fact that evidence at the site of the accident starts disappearing immediately and that Virginia applies the fault rule strictly, early intervention in preserving evidence can be extremely valuable. 

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.