With warmer weather approaching, many riders will begin to take out their recently tuned up motorcycles for a test drive. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to be a victim of a deadly accident. While it is hard enough for family members and loved ones to lose someone close to them, it may be even harder to lose someone unexpectedly as a result of a fatal crash. Oftentimes, deadly motorcycle accidents occur as a result of:
- Driving at an excessive rate of speed;
- Failing to pay attention;
- Operating a motorcycle under the influence;
- Hazardous road conditions;
- Failing to yield;
- Poor weather conditions; and
- Inappropriately operating a motorcycle by engaging in “tricks” or “stunts.”
Under New York State law, a family member of a decedent may recover damages under a wrongful death action if a motorcyclist is killed as a result of someone else’s negligence. Damages may include:
- Pain and suffering;
- Funeral and burial costs; and
- Lost financial support and companionship, among others.
However, New York law does require the family member to be the decedent’s estate representative in order to file the wrongful death action and recover such damages.
If a family member or a loved one has been killed in a motorcycle accident as a result of someone else’s negligence, you may be entitled to recover damages in a wrongful death action. Contact an experienced wrongful death lawyer who can best advise you of your legal rights. The attorneys at Levine & Slavit, PLLC have successfully handled numerous wrongful death cases. With offices conveniently located, the firm represents clients throughout Manhattan and Long Island. For more information or to schedule a consultation, call 888-LAW-8088.