Oakland Bicycle Accident With Wrongful Death
California is one of the most beautiful states for bike riding. It is also the most dangerous. Between the years of 2010 and 2012, bicycle traffic fatalities in California increased from 23 to 123. During those years, The Golden State also had a higher rate of bicyclist fatalities than any other state. Any bicycle accident is traumatic and upsetting. When it results in a wrongful death, however, it leaves family members devastated and reeling from shock.
An Oakland bicycle accident lawyer can help anyone who has lost someone due to a bicycle accident. While filing a wrongful death lawsuit can not bring someone back, it can help ease the financial burden that comes from a sudden and unexpected passing.Common Causes of Oakland Bicycle Accidents With Wrongful Death
There are many causes of bicycle accidents that result in wrongful death. Nearly all of them though, involve motorists who simply do not watch for cyclists and do not see them until it is too late. The most common causes of bicycle accidents with wrongful death all involve the drivers with whom cyclists share the road. They are:
- Cyclists hit by a motorist from behind
- Cyclists T-boned by a car or truck that does not stop for a traffic light or stop sign at an intersection
- Dooring, or when a motorist opens a door into a cyclist’s path
- Motorists ignoring a cyclist’s right-of-way and turning left in front of the cyclist
When any of these causes, or more, result in a wrongful death involving a cyclist, surviving family members are often able to file a wrongful death lawsuit.Proving a Wrongful Death Claim
Oakland is governed by California law, which states that there are several elements that anyone filing a lawsuit must prove. These elements include negligence, survivors needs, and a representation of the estate.
Negligence refers to the legal concept of someone not taking appropriate care to behave in a manner that keeps him or herself, and everyone else, safe. When someone is negligent and causes an accident, a court may find him or her liable. In the case of an Oakland bicycle accident with wrongful death, that liability makes the negligent party responsible for providing compensation to any surviving family members.
In order for a civil lawsuit to be successful, it must also include damages. Damages are losses a person suffers after someone else causes an accident. In any wrongful death claim, it is the survivors who feel the loss. That loss can include financial losses or the loss of emotional or physical support. The compensation provided by a successful lawsuit is meant to make up for these losses as much as possible.
Lastly, a representative of the estate must file a wrongful death lawsuit. In Oakland, a spouse, domestic partner, or children of the decedent are considered legal representatives and as such, can file a wrongful death lawsuit. When none of these parties exist, anyone who can potentially inherit property from the estate can file a wrongful death lawsuit.Contact an Oakland Wrongful Death Lawyer to Help You With Your Claim
If you have lost someone in an Oakland bicycle accident with wrongful death, you need the help of a wrongful death lawyer in Oakland.
At Willoughby Brod, LLP, we are the legal team that can walk you through every step of your claim. We will review your case, investigate to find the negligent party, and make sure you and your family get the compensation you deserve. We know that filing a lawsuit can not bring your loved one back, but it can help with the financial expenses associated with his or her passing. Call us today at (800) 427-7020 so we can start discussing your case.