Motorcycle Accident Kills South Carolina Man
A fatal motorcycle accident recently occurred on NC 268. Investigators believe that an Oldsmobile Bravada was towing a trailer while traveling south on Edwards Lakeview Drive. The driver began making a left-hand turn but failed to yield to a Suzuki motorcycle already in the lane.
The motorcycle flipped on its side and collided with the tractor-trailer. The motorcyclist, identified as a 39 year-old man, was critically injured in the crash and succumbed to his injuries at the hospital. The driver of the Oldsmobile was not injured in the crash. Law enforcement officers arrested him and charged him with misdemeanor death by vehicle.What to Do if Your Loved One Has Been Killed in a Motorcycle Accident
After a devastating fatal motorcycle accident, surviving family members can find it challenging to know what to do next. Nothing can bring your loved one back, but you may be able to recover compensation that will help you and your family members move forward financially. Surviving family members have to juggle waiting for answers from the official investigation with grieving the loss of their loved one. It can be tempting to avoid pursuing a legal claim because of the stress and grief of losing a loved one. However, when families wait too long to discuss the claim with an attorney, they may lose the opportunity to bring the claim altogether.Pursuing a Wrongful Death Lawsuit in North Carolina
Most fatal motorcycle accidents are caused by a motorist’s negligence. Motorcyclists have little external protection when they ride. As a result, motorcycle accidents frequently result in loss of life or catastrophic injuries. If the driver of the vehicle that collided with your loved one’s motorcycle was negligent, and their actions caused your loved one’s death, you can pursue a wrongful death lawsuit.Damages Available in Wrongful Death Lawsuits
Damages can be complex in wrongful death actions. Typically, surviving family members can recover compensation for monetary and non-monetary losses. Determining the amount of compensation requires a monetary value to be assigned to the care and services that your loved one would have provided if they were alive. Surviving family members may obtain compensation for their loved one’s medical expenses that were incurred before the victim’s death.
Reasonable expenses and loss of net income can also be included in compensation. The damages may also include the loss of companionship of the victim and loss of society, as well as compensation for the loss of the victim’s guidance and comfort. When the defendant acted recklessly or with gross misconduct, the family may be entitled to additional punitive damages as a way to punish individuals for wrongful acts.The Statute of Limitations
When a wrongful death arises from a motorcycle accident, the surviving family members need to bring a claim within the statutory time frame required under North Carolina law. Under the North Carolina Wrongful Death Act, the wrongful death lawsuit needs to be filed in court against all defendants within two years of the fatal accident.
The plaintiff who brings the lawsuit needs to properly serve the Complaint and Summons on all responsible entities and parties. If the statute of limitations expires, surviving family members will lose the right to seek compensation for their losses by pursuing a wrongful death case.
After a tragic death, the two-year statute of limitations period can go by faster than surviving family members anticipate. Contacting an attorney as soon as possible can help you recover the full amount of compensation you need and deserve. Your attorney will be able to protect your interests and start gathering proof that the defendant’s negligence caused the accident that resulted in the motorcycle fatality.Contact a Skilled Attorney
Monetary damages cannot truly compensate you for your loved one’s death, but they can help alleviate your financial burdens. Pursuing a wrongful death lawsuit can also provide you with a sense of justice following a fatal motorcycle accident. The dedicated motorcycle accident attorneys at Arnold & Smith, PLLC understand the importance of compassionate advocacy and will fight hard for your right to compensation. To consult a wrongful death attorney at no cost, contact Arnold & Smith, PLLC today to schedule your free initial consultation.