A Philadelphia Motorcycle Accident Lawyer Discusses Fatal Motorcycle Crashes: Wrongful Death Claims And Family Rights

It is a sad reality that, for some motorcyclists and their families, motorcycle accidents do not offer a second opportunity to get back on their bikes. Motorcycles blend the feel of the open road provided by a bicycle with the speed of a motor vehicle. The combination proves deadly for those motorcyclists who are involved in catastrophic accidents. When a motorcyclist loses their life in an accident, it is typically not the result of controlled, slow-moving crashes. Instead, these are accidents that occur at high speed with no reaction time to spare for the parties. Often, a motorcycle accident occurs in the briefest of moments, with no time to avoid impact. From there, loss of life becomes a painful reminder of the massive responsibility it is to drive safely when motorcycles are in the immediate vicinity. A Philadelphia motorcycle accident lawyer from Anthony C. Gagliano, III, Esquire, P.C., walks with families whose loved ones have been killed in a motorcycle accident. Our team of experienced legal professionals takes the time to educate our clients. We have the heart of a teacher and seek to provide top-notch legal services where our methods are geared towards serving our clients to the best of our ability. 

What Is A Wrongful Death Claim Under Pennsylvania Law?

Each state in the United States has different laws when it comes to various subjects. In Pennsylvania, a wrongful death claim arises when the negligence, wrongful act, or misconduct of another individual or entity causes a person’s death. In motorcycle accidents, you are mainly looking to prove that the at-fault driver was negligent in operating their vehicle. This negligence then directly led to the death of your loved one. 

Additionally, it is not only fellow motorists who could be the cause of your loved one’s death. For instance, a road not well maintained or a faulty motorcycle part could also have led to the death of your loved one. As a surviving family member, you may pursue compensation for the loss of your loved one. Most typically, a surviving family member who pursues a wrongful death claim includes a parent, spouse, or child (minor or adult). An experienced Philadelphia motorcycle accident lawyer can help you discover more about who may file a wrongful death claim in Pennsylvania.  

When It Comes To Motorcycle Accidents, Expect The At-Fault Driver To Place Blame Upon Your Family Member

One of the most challenging aspects of a wrongful death personal injury claim is that the at-fault party will almost certainly attempt to blame your loved one for having caused the motorcycle accident. Whether the blame is partially or totally placed at the feet of your loved one, this is an unfortunate reality with which you need to become familiarized. 

The same roadway violations frequently exhibited by the at-fault driver, speeding, driving distractedly, failing to look before switching lanes, are accusations that the at-fault driver may formally state were behaviors exhibited by your loved one. Stated with enough strength, an insurance company for the at-fault driver may accept the false statement and not accept liability for the fatal accident. 

If this nightmare scenario sounds far-fetched, allow Anthony C. Gagliano, III, Esquire, P.C., to share with you his experiences in serving clients throughout Pennsylvania. When an at-fault driver attempts to drag your loved one down, it is essential that you know how to respond. The failure to respond to a false accusation with strength means that your ability to collect damages can be put in jeopardy. Be ready to produce a defense of your beliefs and positions on how the accident occurred. 

How An Investigation Of Your Motorcycle Accident Assists You And Your Family

Anthony C. Gagliano, III, Esquire, P.C., thoroughly investigates the circumstances of each of our clients. Unfortunately, in this situation, the circumstances of the accident in question may be unknown- at least initially. Conducting an investigation of the motorcycle accident is an area where our team can assist you. We examine the crash itself, reach out to potential witnesses for statements, and work to obtain video or photographic evidence to substantiate what happened. 

Preserving and maintaining important evidence in your case is an area where your representative should excel. A Philadelphia motorcycle accident lawyer like Anthony C. Gagliano, III, Esquire, P.C., conducts thorough investigations into motorcycle accidents where he is serving clients. When an at-fault driver or their insurance company is attempting to side-step responsibility, contact our office. We take seriously the responsibility to investigate the accident and then advocate on your behalf. 

Investigations into motorcycle accidents must not continue for an indefinite amount of time. While you want your Philadelphia motorcycle accident lawyer to complete their investigation, there are real-world considerations at play, too. Notably, Pennsylvania law provides the family of a deceased motorcyclist a limited amount of time to file a wrongful death claim in court.  You may lose critical evidence as well as an opportunity to file a claim at all if you wait too long. When you work with Anthony C. Gagliano, III, Esquire, P.C., you are benefiting from our years of legal experience. 

How Can You Rightfully Shift Blame Back To An At-Fault Driver?

Another unfortunate reality of fatal motorcycle accidents is that the at-fault driver frequently attempts to side-step responsibility in a case. Do not be surprised when the at-fault driver and their insurance company try to argue that it was your deceased loved one who was at fault for having caused the motorcycle accident. How would you combat an untrue allegation that your family member was swerving between lanes, not wearing a helmet, or speeding?

Anthony C. Gagliano, III, Esquire, P.C., conducts thorough and complete accident investigations. If you are interested in pursuing a wrongful death claim, then please allow our office to be your first phone call. We not only know how to collect meaningful evidence, but we take seriously the responsibility of advocating for our clients. The best way to combat untrue information targeting your wrongful death claim is to produce evidence that defends and substantiates the position you advocate. 

It is a lot of work to investigate, substantiate, obtain, and then preserve evidence. However, these are the skills you must possess to strengthen and maintain a case. Your loved one can no longer speak to any decision maker to present their side of the events. When the case seems murky and nothing is making sense, allow Anthony C. Gagliano, III, Esquire, P.C., to be your guide. We work daily in courtrooms in and around Philadelphia to help clients organize and present their cases. 

How To Divide Damages Awarded To You In This Case?

It is a nice idea to discuss the damages that are rightfully yours. Medical expenses are the most straightforward cost in a Philadelphia motorcycle accident case. What were the costs associated with caring for your loved one prior to his or her passing? Keeping these costs organized for presentation to the insurance company for the at-fault driver is a key part of ever being able to collect those damages in a wrongful death case. 

Whether your loved one was head of the household as far as income earning was concerned, there are parts of a wrongful death case that deal with the loss of income suffered by their household. Stay-at-home parents and spouses also have a role to play in this regard. It is possible to calculate the economic contribution of a homemaker or parent who does not work outside of the home. 

Anyone who has ever lost a loved one can attest to the difficulties this loss creates for the family unit. Your loved one’s spouse, children, and immediate family may pursue a loss of companionship from the at-fault driver and their insurance company.

Finally, it is important to be able to show how much money was paid to conduct a funeral and bury his or her body. For many people, these are costs that are substantial enough to permanently harm the family and their well-being. Receive what your family deserves by keeping accurate records of the burial and funeral costs incurred.

Contact A Philadelphia Motorcycle Accident Lawyer To Discuss Your Wrongful Death Claim

Losing a loved one to a motorcycle accident is a tragic experience. To have lost your loved one due to the actions (or inaction) of another person is especially tragic. This is where having an experienced Philadelphia motorcycle accident lawyer makes a huge difference. Anthony C. Gagliano, III, Esquire, P.C., serves clients in wrongful death cases throughout Pennsylvania. 

For a free consultation, please contact our office today. The rights of our clients are our motivation in preparing for each of our cases.