Motorcycles are loved by many but it’s difficult to deny that riding one can be dangerous. Even if the rider does everything they can to keep themselves and others on the road safe, other drivers may not be so considerate.
In 2015, the life of a 57-year-old aviation mechanic was ended because another driver made the terrible decision to get behind the wheel of a car drunk. Today, his family has finally received compensation for his death.
Intoxicated Driver Runs Down Motorcycle
In March of 2015, the driver of an SUV skidded to a stop at a DUI checkpoint where officers were doing a routine and random check of drivers on the road. The officers at the stop immediately recognized that the driver seemed confused and asked him to leave his vehicle. While talking to him, they also reported that he smelled of alcohol, was unsteady, and a quick look at his SUV revealed a blown tire, a damaged bumper with red paint on it, and that the airbags inside of the vehicle had been deployed.
Just prior to the driver arriving at the scene, a call had gone out to all police officers in the area because of a hit and run accident just four miles away, where a man riding his motorcycle had been run over by an SUV. The victim was in critical condition and had been rushed to the hospital while police tried to find the negligent driver. It quickly became clear that the SUV had been involved in the accident, although the intoxicated driver claimed he knew nothing about it.
Since the driver refused to take a breathalyzer test, police arrested him and took him to a hospital where a blood test was performed which proved that he had been driving while under the influence. Meanwhile, despite his doctor’s best efforts, the motorcycle accident victim died from extensive internal injuries.
The drunk driver, who had been driving a company SUV at the time of the accident, was convicted of a felony DUI and was sentenced to 12 years in prison and was also sued by the widow of the victim.
Wrongful Death Lawsuits
When someone dies an untimely death because of the negligent actions or decisions of another party, their surviving loved ones often have the ability to file a wrongful death lawsuit on their behalf. This lawsuit can provide the family of the deceased with compensation for funeral and burial expenses, medical bills for treatments that the deceased received before they passed, the loss of inheritance, and the loss of consortium.
In this case, the widow of the deceased filed both the negligent driver and the company he worked for. She reached a settlement agreement with the employer, however, the driver chose to go to trial. At the end of her legal battle, she obtained $7.75 million from the defendants.
Who Can File A Wrongful Death Lawsuit?
Typically the people who are eligible to file a wrongful death lawsuit include the spouses, parents, and children of the deceased. However, if another family member was dependant on the deceased, they may also be eligible depending on the circumstances.
How Do I Know What My Lawsuit Is Worth?
There is no way to 100% guarantee how much a lawsuit is worth but if you consult with an experienced attorney who can review the case and determine both past and expected future losses. These losses are what any damages will be based on.
How Much Will A Wrongful Death Lawsuit Cost Me?
At Banville Law, we understand that our clients are already under enough stress and are typically struggling financially because of the loss of their loved one. That’s why we work on a contingency basis which means that we don’t get paid until you get the compensation that you need. Then, our fees come directly out of that compensation.
To learn more about how we can help you, contact our offices now.
How Long Will It Take To Obtain Compensation?
It’s nearly impossible to determine exactly how long any lawsuit will take. There are many factors involved and if the case goes to trial, it may take some time to get a court date. It may take anywhere from several months to more than a year, however, don’t allow this to stop you from consulting our legal team. Lawsuits are often the only way to obtain compensation, compensation which will make the future financially comfortable while you grieve for your loved one.