Child & Jackson can help you and your family through the wrongful death claims process if you’ve lost a loved one in a fatal motorcycle accident in Folsom. When you get the phone call that your loved one has been in a fatal motorcycle accident, everything changes in a split-second. We can help your family understand what to do next and how to move forward. Set up a free consultation today.
Do We Need a Lawyer?
Losing someone you love in a motorcycle accident changes everything in an instant. And while your family is trying to process what happened, plan a funeral, and support one another, the last thing you should have to worry about is dealing with insurance companies or trying to figure out the legal process. That’s usually when having a lawyer starts to make sense—even though you don’t technically need one to file a claim.
Our team at Child & Jackson can help your family by:
- Looking into exactly how the accident happened
- Figuring out who might be legally responsible
- Getting all the police reports, witness statements, photos, videos, and other important evidence
- Handling the hard talks with insurance companies
- Taking some of the legal burden off your family while you focus on each other
You’re already dealing with enough after losing someone you love. Trying to manage a wrongful death claim on top of everything else can feel overwhelming. That’s when you can turn to our team for guidance and support.
What Information Should We Try to Get After the Accident?
One of the biggest parts of a fatal motorcycle accident claim is figuring out exactly what happened. Even though they happen for a variety of different reasons, any single one of them could be fatal under the right circumstances.
The problem is that you and the rest of your family probably weren’t there when it happened. That means it can be difficult to know where to begin, but if you can, there’s a few pieces of information and documentation that can help:
- The police report from the Folsom Police Department, the California Highway Patrol (CHP), or the Sacramento County Sheriff’s Office (SCSO). This usually has the basic details about the accident, as well as what the responding officers saw at the scene.
- Pictures and videos showing the motorcycle, other vehicles, roadway conditions, debris, skid marks, and damage. You probably won’t be able to get these yourself, but they’re sometimes included in the police report. It’s also possible to get them from witnesses or nearby businesses.
- Witness statements from people who saw the accident. They often give valuable information about what happened before, during, and after the actual accident.
- Security camera or traffic camera footage from nearby intersections, businesses, or homes. These can give you one of the clearest pictures of what happened, but it often needs to be gotten quickly before it’s erased.
- Medical records, the death certificate, and any autopsy reports. These records help connect the accident to your loved one’s passing while also tracking the medical care and financial losses involved.
Every situation is different. But right now, your family doesn’t need to worry about tracking down every document or piece of evidence. Usually, a few pictures and records are enough to get the process started. Our team can help fill in any gaps later.
Who’s Legally Responsible for a Fatal Motorcycle Accident?
A lot of people are surprised to learn that legal responsibility for a fatal accident is actually held to the same standard as any other kind of accident. It’s about showing negligence, and unfortunately, many of the same things that lead to regular motorcycle accidents end up being fatal in certain conditions.
And like in a typical motorcycle accident, another driver is usually the one that carries most of the responsibility, especially if they were:
- Turning left in front of a motorcycle
- Changing lanes without checking blind spots
- Following too closely
- Driving while distracted
- Failing to yield
- Driving under the influence
- Speeding or driving aggressively
But it’s also about what led up to the actual accident itself, which could potentially bring in others like:
- The city, county, or state government if dangerous road conditions, missing signs, poor roadway maintenance, or unsafe intersections played a part.
- A motorcycle or parts maker if a defective component contributed to the accident.
Insurance companies can also try to say that your loved one was partially responsible for the accident. That’s fairly common with motorcycle accidents, even if that’s not necessarily what the evidence says. And while California follows comparative negligence rules, that doesn’t automatically prevent your family from filing a wrongful death claim.
How a Wrongful Death Claim Works After a Fatal Motorcycle Accident
After losing someone you love, filing a legal claim probably isn’t something your family wants to think about. Unfortunately, fatal motorcycle accidents often leave you and the rest of your family facing significant financial challenges in addition to the emotional loss.
That’s what a wrongful death claim is designed to help with, although it works a little differently than a typical injury claim.
In California, certain surviving family members—such as a spouse, domestic partner, children, or a person named in the will—can usually file the wrongful death claim. And once that’s sorted out, the actual process looks pretty familiar. It happens through:
- An insurance claim outside of court
- A wrongful death lawsuit
Obviously, the damages also look a bit different than normal. In a wrongful death claim, your family can potentially recover things like:
- Funeral and burial expenses
- Medical bills related to the accident
- Lost financial support your loved one would have provided
- Loss of companionship, care, and guidance
- Other financial losses experienced by surviving family members
In most cases, California gives families two years from the date of death to file a wrongful death lawsuit. While that might seem like plenty of time, it can evaporate quickly with everything else you’re dealing with. Plus, the longer your family waits, the harder it can be to track down important information.
Where Fatal Motorcycle Accidents Happen Around Folsom
No family ever expects to lose someone in a motorcycle accident. But part of understanding what happened is looking closely at where the accident actually happened.
In and around Folsom, serious motorcycle accidents frequently happen in places where there’s a combination of heavy traffic and winding roads. That obviously points to places like:
- East Bidwell Street
- Blue Ravine Road
- Folsom Boulevard
- Greenback Lane
- Highway 50, especially near Folsom exits and interchanges
- Auburn Folsom Road
Whether it happens on a neighborhood street or a major highway, motorcycle riders have very little protection when another driver makes a mistake. A distracted driver, an unsafe lane change, or a driver who simply fails to see your loved one on their motorcycle can quickly lead to a fatal accident. While no legal claim can undo what’s happened, your family doesn’t have to go through the process alone.
Child & Jackson Can Help Your Family After a Fatal Motorcycle Accident in Folsom
Losing a loved one in a motorcycle accident leaves families facing questions they never expected to answer. Between funeral expenses, insurance claims, financial uncertainty, and overwhelming grief, it can be difficult to know where to turn.
Our Folsom fatal motorcycle accident lawyers at Child & Jackson can help your family understand your legal options, investigate what happened, and handle the claims process while you focus on supporting one another. If you’re ready to learn more about your options, contact us for a free consultation.