If a loved one died in a bicycle accident, you may be left with serious concerns about how to move forward. Especially if the deceased was responsible for financially supporting your family, you could be left with expenses from their medical treatment, ongoing rent or mortgage payments, and funeral costs – all without incoming wages.
For help with a fatal bike accident case, contact an attorney. A Bronx fatal bicycle accident lawyer can help file a wrongful death lawsuit against the driver who caused the crash and fight to get your family the money you need. While a lawsuit cannot bring a loved one back, it can help your family get the support and justice you need.
For a free case review, call the Bronx fatal bicycle accident lawyers at The Carrion Law Firm today. Our compassionate attorneys can help you and your family move forward and get the help you deserve. For your free case review, contact us at (718) 841-0083.
Suing for Wrongful Death in a Bike Accident in The Bronx
The surviving family of a deceased bicycle accident victim may be entitled to sue for their loved one’s death. In New York, the law typically allows two types of cases to be filed when someone dies:
- A survival action to bring the injury claim that the deceased could have filed if they survived the accident
- A wrongful death lawsuit to help the surviving family with their damages.
These cases are typically filed together and grouped under the name “wrongful death” lawsuit.
These claims can be filed by the “personal representative” of the deceased bike accident victim. This person is usually designated in their will – or if they died without a will, this person can be appointed by the court. They file the lawsuits on behalf of the surviving family and the deceased’s estate, which can be entitled to certain damages.
Damages for Wrongful Death Lawsuits Involving Bronx Bicycle Accidents
When you file a survival action and wrongful death claim for a loved one killed in a bicycle accident, you can receive certain damages. Some damages are paid directly to you and your family on account of the harm you suffered, while other damages for the deceased are paid into the deceased’s estate.
Damages paid directly to the family can cover wrongful death damages that they personally faced because of the death. This commonly includes expenses like funeral and burial costs that only occur when someone dies. They also include other damages and compensation your family needs because of the death, such as damages for lost household services, lost wages, lost companionship, and more. One area of damages you cannot claim is damages for your family’s pain and suffering from losing a loved one.
Damages paid into the estate cover the damages that your loved one could have claimed in an injury suit had they lived. If the bike accident victim went to a hospital and received medical treatment for their injuries before dying, your Bronx fatal bicycle accident lawyers will include claims for these medical expenses, any lost wages, and other damages related to the accident. If your loved one lingered or suffered severe pain and fear before dying, those damages can be claimed. Keep in mind that these damages are for the deceased’s pain and suffering, and you cannot claim damages for your own pain and suffering.
Proving Fault in a Deadly Bicycle Accident in The Bronx
To hold someone responsible for a fatal bicycle accident, you need to prove what they did wrong to cause the accident. Most wrongful death cases, including fatal bike accident claims, are based on the defendant’s negligence. You certainly can sue someone who intentionally hit your loved one with their car, but these cases are rare. Instead, claims based on negligence require specific elements to be met to prove fault.
What to Prove
A negligence claim essentially boils down to a claim that someone killed your loved one because their actions or inactions violated a legal duty that they owed the deceased. In most bike accident cases, our Bronx fatal bicycle accident attorneys can point to mistakes and traffic violations that the driver committed to cause the crash.
Deadly bicycle accidents are often caused by drivers who violate traffic laws, such as the following:
- Speeding
- Drunk driving
- Distracted driving
- Texting while driving
- Failing to yield to bike riders
- Failing to signal when changing lanes or turning
Drivers might also hit a biker because they failed to watch out for bike riders (or other vehicles around them). If any of these issues amount to a breach of a legal duty, then the driver who committed those breaches and violations can be held responsible for the accident.
Evidence Needed
Usually when someone survives a car accident, they can get out and take pictures, talk to police officers, and collect evidence after the crash. In a deadly bike accident case, it is likely that your loved one was rushed to the hospital immediately, and they would not have had time to collect evidence. This often means relying on the police report to get evidence of what happened.
You can also subpoena evidence from the at-fault driver, such as photos they might have taken. If the police investigated the accident and filed criminal charges for drunk driving or other crimes, that criminal case can also help you get proof for your civil claim. If the criminal court found the defendant guilty, that verdict can help you prove your wrongful death case, as can any evidence presented at a criminal trial.
Call Our Bronx Fatal Bicycle Accident Attorneys Today
If you lost a loved one in a deadly bike accident in The Bronx, call the Bronx fatal bicycle accident attorneys at The Carrion Law Firm today. For a free case review, contact us at (718) 841-0083 as soon as you can. Keep in mind that there may be deadlines that control when you can file your case, so act quickly.