A wrongful death claim in Rhode Island could result from hundreds of different types of causes of actions including but not limited to: car accident, truck accident, bicycle accident, pedestrian death, slip and fall, assault, construction mishap, premises liability, negligent security, medical malpractice, product liability, motorcycle crash etc.
Seeking Compensation for a fatal car, semi truck or premises liability accident in RI.
A wrongful death lawsuit is a cause of action that must be filed to seek compensation for numerous types of damage that could include:
• A loss of income
• Related medical costs and hospital bills
• Funeral expenses
• Loss of consortium and companionship
• Loss of wages
• Loss of any future earnings and inheritance
• Pain, suffering and grief
Defining Wrongful Death
Wrongful death is a legal term concerning the loss of life through recklessness, negligence or the deliberate behavior of others. To receive compensation, the survivors or their legal representatives must establish a valid claim for wrongful death proving four specific points in a court of law that include:
• The parties at fault owed a legal DUTY to the victim
• The actions or lack of actions of parties at fault constitute a breach in that responsibility
• The breach of responsibility can be directly related to the death of the victim; and
• The victim died because of the incident
In a truck collision or vehicle accident case, the surviving family members (claimants) will need to establish how all parties responsible for the accident failed TO ACT REASONABLY AND WITH DUE CARE in some manner that led to the victim’s death. This could include failing to drive in a reasonable and safe manner, maintaining the roadways properly, ensuring that the vehicle components are not defective or other factors.
Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) show that motorcyclists on American roadways are 500 percent more likely to suffer injuries in an accident compared to a motorist traveling in a passenger vehicle. In addition, a motorcyclist is nearly 2500 percent more likely to die as the result of a collision than when operating any other kind of vehicle.
Motorcyclists and passengers injured in a Rhode Island and Providence Plantations collision often suffer severe or catastrophic injuries. This is often because the motorcycle’s design provides little protection when involved in a collision. Unfortunately, many Providence motorists simply do not pay attention when traveling and never see motorcycles traveling the roadways.
Common Accident Injuries in Rhode Island
Exposure to the outside environment, pavement and objects in a collision can cause a devastating outcome when being thrown from the motorcycle. When the Ocean State motorcyclist is not wearing a helmet, the injuries can be far worse than normal. Some of these injuries include:
• Head injury or brain trauma (TBI)
• Broken bones
• Severe road rash (skin abrasions)
• Spinal cord injury
• Damage to internal organs
Studies indicate that motorcyclists are extremely cautious and typically abide by all the safety regulations in traffic. The vast majority of Rhode Island motorcycle accidents are the result of negligence, recklessness or careless actions by other Warwick area motorists sharing the same roadway.
Determining Who Is at Fault for a Woonsocket Bike Crash
Unfortunately, determining who is at fault for the bike accident can be challenging. The difficulty of proving responsibility of the accident is often difficult because of the unfair negative stereotypes of motorcycle riders in Rhode Island. Opposing counsel working for the insurance carrier will often perpetuate the motorcycle stereotype during the settlement hearing or trial, indicating that the cyclist was an immature speeding teenager or a reckless outlaw.