St. Louis Fatal Motorcycle Accident Lawyers
Helping Families Get the Assistance They Need Following Tragedy
Motorcycle riders die at 27 times the frequency of drivers in other vehicles. This tragic reality underscores the fact that motorcycles are high-performance vehicles that are less stable and less visible than the other large moving objects on the road. Plus, even with good protective gear, a rider is so much more exposed to the elements than a driver who is seat belted into a car and surrounded by airbags. If your loved one has suffered a motorcycle accident fatality, nothing can make that right but our fatal motorcycle accident attorneys in St. Louis may be able to help you get what you need to move forward.
Call The Dixon Injury Firm today at (314) 208-2808 to find out more about your claim.
Posthumous Injury Claims
Missouri law is very clear in Statutes Sections 537.010 and 537.020 that any actions for wrongs done to a person will survive that person’s death. So, for example, if your loved one was in a motorcycle crash caused by a negligent driver and he was transported to a hospital, he should be able to recover damages like his medical bills and motorcycle replacement costs. If he dies, then his estate would be able to pursue those damages just the same. As a practical matter, this typically means that a close family member can sue to recover for damages their loved one sustained in a motorcycle accident fatality crash.
Wrongful Death Claims for Motorcycle Accidents
A family member can also recover for their own damages they suffered from losing their loved one. These “wrongful death” claims are authorized by Missouri Statute Section 537.080 and 537.090. Family members can recover for “funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support.” In most cases, the biggest portion of this claim is the lost lifetime earning potential.
The other factors are more intangible ways of trying to put a dollar value on a human life, which is hard but courts try to do it. If you lost a parent, for example, it is attempting to restore the value of the instruction and guidance that the parent could have given you over the course of his or her life. If you lost a spouse, the law is trying to make up for the loss of companionship (consortium refers to the marital relationship and includes things like sexual relations).
Many families fret that they may not be able to recover for the loss of a loved one because their loved one was partially at fault. In a motorcycle accident fatality, for example, a rider may not have been wearing a helmet. It is important to understand that Missouri courts follow a rule called “pure comparative fault.” This means that if the person that died did something wrong, the recovery may only be reduced and not eliminated. For example, if a motorcycle rider was not wearing a helmet and was hit head-on by a drunk driver, the lack of a helmet may have only been 10% to blame for the fatality. In that case, the motorcycle rider or his or her family would be able to recover 90% of the damages suffered.
How Can The Dixon Injury Firm Help?
If you have lost a loved one to a motorcycle accident fatality, please feel free to reach out to us for a free evaluation of your case. We can help you determine if you should receive compensation and what steps you need to take. Even if you are worried that your loved one did something wrong, you need a lawyer to scrutinize how that will impact your case. Our consultations are free and if you retain us as your lawyer we will only get paid if we collect funds for you.
Contact our St. Louis motorcycle accident fatality lawyers today to schedule your free case review. We are here to help you through this challenging time.