Fatal Motorcycle Accidents in New Jersey

Motorcyclists have less protection than drivers and passengers in other vehicles, so they are especially vulnerable to serious and deadly accidents. Fatal motorcycle accidents in New Jersey can leave surviving loved ones grieving and struggling financially. If someone else was responsible for the accident, the deceased’s family may be able to file a lawsuit. This can provide a sense of justice and ease some of your financial worries. A motorcycle accident attorney could assess your motorcycle accident case and help you choose the best path forward.

When Can Families Sue After a Fatal Motorcycle Accident?

If another driver or motorcyclist caused a fatal accident in New Jersey by being negligent, the deceased person’s estate can file a wrongful death lawsuit. To be legally liable for an accident, the other driver needs to have failed to uphold their duty to drive safely and follow traffic laws and caused the accident because of this. For example, if a car driver hit a motorcyclist because they were passing the motorcyclist without allowing them to use a full lane, the car driver would be considered negligent.

The surviving spouse or other families cannot file a wrongful death lawsuit directly in New Jersey. According to New Jersey Statute Section 2A:31-2, either the executor of the deceased’s estate or a court-appointed representative needs to file the lawsuit. If the deceased’s will named an executor, that person can file the lawsuit. If they did not have a will, the court will choose a representative. Whoever is responsible for the lawsuit needs to file within two years of the death to comply with the statute of limitations. The two-year limit starts on the date of the death, which may not be the date of the motorcycle accident.

Possible Compensation After a Fatal Motorcycle Crash

In a wrongful death lawsuit after a motorcycle accident in New Jersey, surviving family members can receive compensation for both their financial and emotional loss. Economic compensation is intended to make the family whole financially. This includes immediate costs like funeral and burial expenses and bills for any final medical treatment, as well as the loss of the deceased’s future income. This could also include replacement services. For example, if the deceased was a stay-at-home parent and the surviving spouse needs to pay for childcare to continue working, the damages could include the cost of childcare.

Non-economic damages cover losses that cannot be quantified, such as grief, emotional suffering, and loss of companionship. Since these are not financial losses, figuring out a reasonable award can be difficult. Courts and insurance companies often use a multiplier method. This assigns a number, often between one and five, based on the severity of the emotional harm and multiplies it by the economic damages. This amount would then be awarded on top of the economic compensation award.

Discuss Your Fatal Motorcycle Accident Case With a New Jersey Injury Attorney Today

Fatal motorcycle accidents in New Jersey cause sudden and distressing losses. Lawsuits are complex enough when you are not already dealing with grief. If you have lost a loved one in a motorcycle crash and believe someone else’s negligence contributed, an attorney can help you determine whether filing a lawsuit makes sense. At Garces, Grabler & LeBrocq, our team starts the process with a free consultation to help you understand your options. Contact our team to schedule yours today.