Losing a loved one in a fatal motorcycle accident can be devastating. It’s important to establish who is at fault when making insurance claims, but you must act quickly to collect evidence that can show what happened.
Let’s help you explore the legal options available to your family after a fatal motorcycle accident, including wrongful death claims, survival actions, and some methods and options for demonstrating negligence after a fatal motorcycle accident.
Texas Wrongful Death Claim After a Fatal Motorcycle Accident
In Texas, certain surviving family members can file a wrongful death lawsuit that is separate from any criminal charges the at-fault party may face.
It is a civil action intended to provide financial relief to surviving family members and hold negligent parties accountable.
Texas law allows the following individuals to file a wrongful death claim:
- The surviving spouse
- Children
- Parents of the deceased
Survival Action (Texas Law and Wrongful Motorcycle Deaths)
In addition to a wrongful death claim, the deceased person’s estate may file a survival action under Texas law. A survival action allows the estate to recover damages the deceased would have been entitled to if they had survived the accident. These damages may include:
- Pain and suffering endured before death
- Medical expenses incurred before passing
- Lost wages between the time of injury and death
Unlike wrongful death claims, survival actions benefit the estate and are distributed according to the decedent’s will or Texas intestacy laws if no will exists.
What You Must Prove in Wrongful Death and Survival Claims
To win in a Texas wrongful death claim for a motorcycle accident death, you must show that the other party’s wrongful act, neglect, or carelessness caused your loved one’s death.
This generally means proving that the breached their duty of care through negligence or misconduct, and that the breach directly caused the death.
For a survival claim, the deceased’s estate must prove that the defendant’s wrongful actions caused injuries the victim consciously experienced before death.
This may include pain and suffering, medical bills, or lost income between the time of injury and death. If the death was instantaneous, pain and suffering damages may not be recoverable, but you can still pursue other types of compensation.
Evidence That Can Show Who Is at Fault for Your Loved One’s Fatal Motorcycle Accident
Photographs and Video
Law enforcement officials may photograph the scene after a traffic fatality to support their investigation. As family members, you also have the right to take photos of everything that might inform your lawyer about what happened. Photos of the bike, other vehicles, weather conditions, road conditions, debris, and other items preserve the evidence before clean-up efforts begin.
Your attorney can also request video footage from traffic, security, and other official cameras. By speaking with witnesses at the scene, you may discover some individuals have dashcam video that could be useful in your case. Finally, if your loved one used an onboard camera while riding their motorcycle, it could show a first-person view of what occurred.
Law Enforcement Reports And Medical Records
Along with emergency personnel’s medical reports, you may use hospital or other records, including autopsy results, that are useful to demonstrate the extent of your loved one’s injuries.
If the other driver claims they were not speeding, but the records and other evidence support death from a high-speed crash, your attorney can create a more powerful claim.
Helmet Forensics
Under Texas law, motorcyclists under the age of 21 must wear DOT-approved helmets while riding a bike, while those over 21 can choose whether to use one or not. In 2023, TxDOT reported 600 motorcycle fatalities among riders and passengers, with 345 wearing helmets and 239 not. When a rider does use a helmet yet still passes away, their helmet can tell part of the story of what happened.
Forensic analysts will examine the outside of the helmet for paint, scuff, or slide marks, and implanted debris. They will also X-ray the helmet to determine how the internal safety structure was compromised. Data indicating substantial trauma inconsistent with the other driver’s story could show that they are not telling the truth about how their actions contributed to the motorcyclist’s death.
Bike Telemetry Data
While typically used by professional motorcycle riders and racers, bike telemetry devices can track important details about the motorcycle’s performance prior to a crash. This equipment tracks engine speed, driver direction, G-forces, angle of the bike, braking, gear, and temperature. Accessing, analyzing, and presenting this information can allow the family members to fight back against claims that their loved one was driving recklessly.
Other ways to gather this data include certain devices such as GoPro cameras, GPS navigation systems, and even insurance tracking apps on the rider’s cell phone.
Gear Analysis for Impact Points
Riders are familiar with the adage “All The Gear All The Time” (ATGATT), yet only a helmet is legally required in Texas. The Texas Department of Licensing and Regulation recommends wearing appropriate shoes, gloves, and safety clothing for greater protection. Analyzing this gear can support a claim in the event of a fatal motorcycle accident.
By identifying scratches, rips, and other marks on the deceased rider’s gear, a forensic specialist can determine whether the rider impacted various vehicles, objects, or the road during the course of the crash. If a driver claims they did not hit the motorcyclist, but gear analysis shows otherwise, it can ease the way for seeking compensation from those at fault.
Rider Behavior
Records showing rider education courses, past safe driving habits, and regular safety gear use can be valuable. Statements from family, friends, and fellow riders can attest to your loved one’s commitment to staying safe on the road. Photos, videos, and other documentation showing how the rider acted before the crash can also push back against unfair allegations of rider misbehavior.
Evidence Preservation Is Crucial After a Fatal Motorcycle Accident
Preserving all evidence is crucial for a successful investigation and case. By obtaining photos and measurements of tire marks, your attorney’s accident reconstructionist can calculate speed, trajectory, and other details for the crash. Maintaining the bike, safety gear, and debris associated with the wreck allows for in-depth analysis and examination. Requesting photos and statements from the other driver’s auto repair facility can support a claim against them.
Your attorney and their team can revisit the accident site to take additional photos, measure tire marks, and assess the area. By capturing traffic flow patterns, sign placement, and traffic light timing data, they can better determine the conditions similar to those that led up to the crash. They can also gather evidence before it disappears or is altered by weather and wear.
Fatal motorcycle accident claims can be very complicated and take a long time to process. At the same time, you should act quickly to contact an attorney who can help you with your case, be prepared for it to last several weeks, months, or even years to present your claim and negotiate a settlement. By choosing an experienced and qualified legal team, you give your family the best chance of securing justice on behalf of your loved one and compensation to help you move on without them.
