Tampa Fatal Motorcycle Accident Lawyer
Motorcycle accidents represent a relatively small fraction of all traffic crashes in Florida. Yet motorcyclists are far more likely to suffer fatal injuries in a crash. According to the National Highway Traffic Safety Administration, motorcycle riders represented 14 percent of all traffic fatalities. And here in Hillsborough County, there were 47 reported fatal motorcycle accidents in 2022, which accounted for roughly 1 out of 5 traffic crash fatalities in the Tampa area.
While motorcyclists are commonly blamed for their reckless driving, the truth is that other motorists are often the cause of these deadly accidents. If you have lost a loved one due to such negligence, the Tampa fatal motorcycle accident lawyer at Anderson & Anderson is here to help. We are dedicated Florida personal injury lawyers who help grieving families seek some measure of civil justice. While we know that money cannot bring a loved one back, it can bring some sense of healing to know that those who caused that death have been held legally accountable for their actions.
Florida’s Wrongful Death Laws and Fatal Motorcycle Accidents
If a motorcyclist is hurt in an accident caused by the negligence of another driver or third party, they can file a personal injury lawsuit to recover compensation for their out-of-pocket and other damages. Unfortunately, when a motorcycle accident is fatal, the deceased motorcyclist cannot file a lawsuit. Instead, Florida law gives the personal representative of the victim’s estate the right to file a wrongful death lawsuit against the responsible parties.
A wrongful death claim in a motorcycle accident can arise from any of the following:
- negligence on the part of another motorist;
- criminal actions, such as a fatal crash caused by a drunk driver;
- a defective motorcycle; or
- an intentional act.
Since wrongful death claims fall under Florida civil law, the burden of proof is substantially lower than in a criminal case. Put another way, a defendant can still be held liable in a wrongful death case for a fatal motorcycle accident even if they were never charged with–or convicted of–a crime in connection with the victim’s death. The goal of a wrongful death case is to seek financial compensation as opposed to sending the defendant to prison.
And while the victim’s estate is charged with bringing a wrongful death lawsuit, any compensation obtained includes damages awarded to both the estate and the victim’s surviving family. The family’s damages include their loss of the victim’s support as well as their own grief and suffering. The estate’s compensation may include the economic losses suffered by the victim before their death, their medical and funeral expenses, and the income they would have likely earned had they lived.
Contact Anderson & Anderson in Tampa Today
Recent changes to Florida law mean that a victim’s estate has just 2 years from the date of death to file a lawsuit filing a fatal motorcycle accident. So it is important not to delay seeking competent legal advice in this area. If you need to speak with an experienced Tampa fatal motorcycle accident lawyer, call Anderson & Anderson today at 813-251-0072 or contact us online to schedule a free consultation.
