Anyone who has been riding a motorcycle for any length of time knows all too well how dangerous and potentially deadly an accident on a motorbike can be, especially one that stems from a collision with a commuter car or truck. Sadly, far too many drivers fail to give motorcyclists the space and respect on the road that they are legally owed, which sometimes leads to crashes with tragic and irreversible outcomes.
If you recently lost someone close to you to a fatal motorcycle accident in Reno, you, unfortunately, know better than anyone how insufficient a monetary award is as a means of replacing a life cut unfairly short. That said, civil restitution can still be key to minimizing the negative impacts this tragedy has on your family now and well into the future, and help from the compassionate motorcycle wreck lawyers at Shook & Stone could be key to getting through the legal process as efficiently and effectively as possible.
Who Can File Suit Over a Fatal Motorcycle Crash?
Just like someone who gets hurt in a motorcycle crash can file a civil suit against the person responsible and demand compensation for their losses, the family of someone who suffers a fatal injury in a Reno motorcycle crash can file suit in their loved one’s name and demand compensation for their own ensuing losses. Under Nevada state law, though, the only people who can actually file a “wrongful death” claim under circumstances like this are the “personal representative” for the deceased person’s estate or an “intestate heir” to the deceased person in the following priority order:
- Their spouse
- Their child(ren)
- Their parent(s)
- Their sibling(s)
- Their closest surviving family member, if the deceased was unmarried, childless, and had no surviving parents or siblings
Other family members and close friends of the deceased person are not eligible to file a civil suit over their death from a fatal motorcycle wreck, even if they are named as beneficiaries in the deceased person’s will.
Recovering for All Available Damages Within Filing Deadlines
Different types of damages may be recoverable through a lawsuit based on a fatal motorcycle collision in Reno, depending on who the “plaintiff(s)” actually filing suit are. The personal representative for the deceased person may seek restitution for various damages sustained by the estate or by the deceased person themselves prior to passing away, such as:
- Funeral and burial costs
- Lost work earnings while they were injured
- Medical expenses for post-accident treatment
Eligible “heirs,” on the other hand, may recover for both economic and non-economic forms of harm that they will personally experience because of the loss of their loved one, which could include things like:
- Emotional anguish
- Lost future financial support
- Lost companionship and guidance
Regardless of who is involved in this sort of claim, though, they virtually always have two years at most under state law to start the filing process, or else their case will likely be thrown out of court for being “time-barred.”
A Reno Attorney Could Help File Suit Over a Fatal Motorcycle Accident
Losing a loved one through a motorcycle collision is an incomparably upsetting and often life-altering experience that no one should ever have to go through. If your family has nevertheless been thrust into dealing with this sort of loss, you have assistance available from seasoned legal counsel in demanding fair financial recovery from every person who played a role in causing your family member’s accident.
Our lawyers at Shook & Stone can discuss your rights and legal options after a fatal motorcycle accident in Reno during a free and confidential consultation. Call today to schedule yours.
