Can you sue for wrongful death after a single-vehicle accident?
Motorcyclist Found Dead After Crashing Into Ditch
According to a KSAT News report, a man was found dead yesterday after crashing his motorcycle into a ditch on the North Side.
Police reported the incident occurred at around 6 p.m. on the 200 Block of Briarfield. The man appeared to be in his late 40s or early 50s and was discovered by police at around 7 p.m. on October 23rd. There were no witnesses, but investigators say the man drove into the ditch and hit his head on some concrete nearby.
Did You Know?
38.82% of motorcycle fatalities were from single-vehicle accidents in 2021.
Can You Sue for Wrongful Death After a Single-Vehicle Motorcycle Accident in San Antonio?
Most motorcycle accidents happen between a car and a motorcycle, involving negligence from at least one party. However, single-vehicle accidents are also common with motorcyclists, though they happen less often. Sometimes, a motorcycle never hits another vehicle — but that doesn’t mean that no other driver was involved in the accident.
If you lose a loved one in a single-vehicle motorcycle accident in San Antonio, can you sue for wrongful death? It depends. This blog will cover when a single-vehicle accident isn’t the motorcyclist’s fault and when the family could pursue a wrongful death claim after a single-vehicle motorcycle accident.
When a Single-Vehicle Accident Isn’t the Motorcyclist’s Fault
There are a few scenarios when a single-vehicle motorcycle accident isn’t the motorcyclist’s fault.
Avoiding a Reckless/Negligent Driver
If a motorcyclist runs off the road because another driver was driving distracted and swerved into oncoming traffic, they would be responsible for the accident, even if they never hit the motorcyclist.
This is difficult to prove if the driver doesn’t stop, especially if there are no witnesses to the accident. Even if the driver is found, they may not have insurance, further complicating this claim.
Motorcycle Defect
If a defective part caused the motorcyclist to lose control and crash, the accident would not be their fault. This is true as long as the defect happened unexpectedly — if the cyclist knew about the defect and rode anyway or drove with a recalled part, then the accident would likely be considered avoidable and the cyclist’s fault.
Unsafe Road Conditions
If the roadway was in disrepair enough to be considered unreasonably dangerous, or if something was left in the roadway by construction, the accident wouldn’t be the motorcyclist’s fault. But, in order to make this claim, the roadway obstruction or defect had to have been unavoidable or appeared suddenly.
Wrongful Death Claims in Single-Vehicle Accidents
In order for the family of the deceased to file a wrongful death claim, the following elements must be proven:
- Negligence — Another party must have owed the deceased a duty of care and breached that duty through negligent or reckless behavior.
- Causation — That negligent act caused the death of your family member.
- Damages — You suffered substantial loss as a result of the loved one’s death.
Proving negligence and causation is difficult after a single-vehicle motorcycle accident. You need an experienced team with a proven track record on your side in a Texas wrongful death claim.
Carabin Shaw Wrongful Death Attorneys
Carabin Shaw has been helping families recover after the death of their loved ones in San Antonio for 30 years because we care. Hire the attorneys who put their clients first today at 800-862-1260. We look forward to serving you.
Contacting a Carabin Shaw Attorney is free and does not obligate you to work with the firm.