Wrongful Death in Motorcycle Accidents – Seeking Justice for Lost Loved Ones

In this podcast, John Maher discusses wrongful death in motorcycle accidents with Rob Mazow and Kevin McCullough of Mazow McCullough. They explore common causes of these tragic accidents, such as distracted driving, and the challenges families face in seeking justice. The discussion covers the types of damages that can be recovered, steps families should take after losing a loved one, and the importance of retaining an attorney early on. Listen for essential advice on navigating the legal process while mourning and ensuring fair compensation for your loss.

John Maher: Hi, I’m John Maher and I’m here today with Rob Mazow and Kevin McCullough of the Law Office of Mazow McCullough. Today we’re talking about wrongful death in motorcycle accidents, seeking justice for lost loved ones. Welcome Rob and Kevin.

Robert Mazow: Thanks, John. Nice to see you.

John: You too.

Kevin McCullough: Thank you, John.

What are Common Causes of Wrongful Death in Motorcycle Accidents?

John: Yeah. So Kevin, what are some of the most common causes of wrongful death in motorcycle accidents?

Kevin: John, with motorcycle accidents, the most common causes of injuries resulting in death that we’ve seen are drivers just not paying attention. And there are so many distractions on the roadway these days, which makes it extremely dangerous to drive a motor vehicle, let alone a motorcycle, whether it’s food or beverages in the car, radio, cell phone use, reviewing documents. You see it all driving along a highway or a major roadway, and it becomes pretty clear pretty quickly that there are numerous drivers just not paying attention, not looking out for other motorists or a motorcyclist.

Unfortunately, that happens every day, resulting in injuries and collisions. There are situations where people may be unfamiliar with an area or a certain neighborhood or a street and they may miss a traffic signal, things like that. Those sort of things happen, but overall, it’s just a lack of attention to what you’re doing at the time, which is driving a pretty powerful motor vehicle on a roadway with other motorists around you.

And oftentimes that results in the tragic loss of a loved one for individuals here in the Commonwealth of Massachusetts and in the state of New Hampshire. With all the various highways and the summer ahead of us, and people getting their motorcycles out of storage and getting them tuned up and ready to drive and ride around, sadly we’re going to see more of that this summer.

So be careful if you’re a motorcyclist on the roadway. Pay extra attention knowing that there are a number of drivers of motor vehicles on the roadway with you just not paying attention, not mindful that you’re on the roadway with them.

What is Distracted Driving?

John: So, we call that distracted driving, right? And that’s definitely more prevalent now than it used to be.

Kevin: Absolutely. It’s way too easy for someone to pick up their phone, to take a look at an email or a text message, or to research something on the internet on their phone as they’re driving. With some of the cameras that they have in place in motor vehicles now, there are just so many things that can take the attention away from a driver for a split second resulting in a horrible collision.

Challenges Families Face After Losing a Loved One to a Motorcycle Accident

John: So, what are some of the biggest challenges that are faced by families who have unfortunately lost a loved one in a motorcycle accident?

Robert: John, I think that unfortunately there is an inherent bias against motorcyclists just because of they happen to be, they’re loud, so people assume that the motorcyclist is speeding, or you see in the movies motorcyclists doing wild driving and taking chances. And so, in most of these cases when a car hits a motorcycle or there’s a collision between the two, you’re going to have an inherent bias blaming the motorcyclist for the crash.

So, what happens is the motorcyclist gets injured badly or passes away, and the family is left with how are we going to get compensated for this? Was our loved one at fault for this accident? Or was this the fault of somebody else? Or some combination of the two. So, we find that people’s and first reaction is that the motorcyclist must have been at fault. So there’s hurdles that loved ones have to jump over in order to protect themselves so that there can be fair compensation if their loved one has been hurt in an accident.

So getting to the police station, making sure that the correct information is on the police report, getting any videos that might be at the scene, speaking to witnesses to make sure that what they saw is recorded and saved because six months from the accident, a year from the accident, two years from the accident, when it comes time to trial, people are going to forget what happened. So you want to make sure that that is all documented to ensure that a fair decision is made as to who’s at fault for that crash so that loved ones can be fairly compensated.

What Damages Can be Recovered in a Wrongful Death Case Related to a Motorcycle Accident?

John: Okay. And then what types of damages can be recovered in a wrongful death lawsuit that’s arising from a motorcycle accident?

Kevin: John, there are a number of different, what I refer to as components of damages. Every case is different, and that includes the injuries suffered, the amount of medical treatment provided, if someone passes away, the efforts that were made to try to revive them or keep them alive, which adds up quickly as far as medical bills are concerned. So, the different components of damages that are recoverable for a family who has lost a loved one in a motor vehicle collision can include those medical bills.

The property damage for the actual motorcycle that was damaged, articles of clothing that the individual was wearing at the time of the incident, lost wages and lost earning capacity. The individual who was killed in that motorcycle collision may have had a family or had a job and had an earning capacity. Maybe they were the primary earner of compensation and supporting that family. Those are the things that would need to be calculated and quantified to be able to prove those damages to the at fault driver and to that at fault driver’s insurance company.

So, and again, this sounds cliche, John, but every case truly is different. Everyone’s situation may be different, but those are some of the larger components of damages that can be pursued. And another very important component of damages in wrongful death claims, especially in a motorcycle loss, is what’s called consciousness of death. If a loved one is involved in a traumatic event like a motorcycle accident, there is a difference in value for that claim if someone is killed instantly versus if they are suffering for some period of time and in pain after that event and before passing, before dying.

And those are important facts to investigate and to look into. As far as the witnesses who was on scene, did anybody speak with the individual who passed away before they passed? Those are some of the bigger, if you will, components of damages that can and should be pursued by a family who has lost a loved one in a motorcycle crash due to someone else’s fault or negligence.

Robert: Just to jump in here, Kevin is 100% right. And as far as this conscious pain and suffering that he’s talking about, I mean, there are cases where a person has conscious pain and suffering for a few minutes, and that expires and the family’s entitled, the estate is entitled to be compensated for that period of time no matter how short or long it is, but also somebody can be in the hospital for days, months suffering and then pass away, and the estate is entitled to be compensated for that period of time, that conscious pain and suffering. This person is aware that they’re feeling the pain, they’re feeling the anguish, they’re feeling the horror of what happened to them.

And also significantly is the damages to the loved ones, the loss of companionship, the loss of advice, the loss of society. Somebody’s father, mother, husband, wife, partner passes away, the family themselves, the person themselves have suffered a loss that is compensable in a wrongful death. So funeral and burial expenses, I mean, to just be basic, be reimbursed for the actual cost of having to bury loved ones. Those are also damages that can be recovered.

First Steps to Take After Losing a Loved One to a Motorcycle Accident

John: And in the short term, in the aftermath of a accident like that, when you have lost a loved one, I’m sure that the family must be thinking of the immediate things that they need to do. Just like you said, working out the funeral, trying to figure that out. Maybe family members have to come in from out of town to come to a funeral and there’s just a lot to do, figuring out, yeah, how are we going to pay our bills now and things like that. What are some of the first steps that a family should take in order to make sure that they’re protecting their legal rights and that they ultimately will be able to pursue a claim and get compensated?

Kevin: John, if a family loses a loved one as a result of a motorcycle accident due to someone else’s fault, there are so many different emotions that they’re dealing with. And among the many things that they should not have to worry about is whether or not there’s a claim. And if there is, to move forward with that. And that’s exactly why we would strongly suggest retaining an attorney as early and as quickly as possible because as Rob mentioned, and as we’re talking about the huddling up together to be there for one another when you lose a friend, a family member, and to get through that emotionally and financially as Rob mentioned with the funeral expenses that can be involved with that, those are things that are front and center that they should be dealing with. And the concern of thought of, do we have a claim, should we pursue it, how should we pursue it should not be anything for a family member to be concerned with.

That is precisely what retaining an attorney early on to investigate that claim and to see if there is a viable claim against an at-fault party or someone that was at fault. Sometimes tragic things happen and there is no claim to pursue, but to go through an attorney and have them do a full investigation and to come to you to present the evidence, to support that conclusion may provide some comfort to you and to allow that closure to that family. And if they find that there is a claim to pursue, to be able to help navigate through that. Because when the funeral is over, there are so many other concerns and things that need to be dealt with in pursuing the claim. Just procedurally, did the person who passed away have a will?

Does anyone have a copy of that will? How do we get our hands on a copy of that will? If there’s no will, there are documents that need to be filed at the probate court to appoint an administrator, someone who can act on behalf of the estate of that person who passed away to move forward with that investigation, ultimately with that lawsuit. It’s the estate standing in the shoes of that person who passed away, who was killed in that collision, that there’s a legal way to do all of that that we must do to give them the authority and the power to move forward with that claim.

So it is important to be able to separate the mourning that’s involved, the grieving, remembering that person and the life that they had, and to be able to celebrate that life. Those are all things that must happen to allow people to move forward after a horrible tragedy. And to the extent that you can separate that and prevent that from being intertwined with this investigation and this potential claim, it should be there to allow that grieving process to unfold and then to have someone else who’s a professional conduct that investigation, do that analysis and then to report back with their findings and to say, this is what we should do moving forward and here’s why.

Thoughts on Wrongful Death in Motorcycle Accidents

John: Rob, any final thoughts on wrongful death in motorcycle accidents?

Robert: Just to put a fine point on what Kevin is saying, what we try to tell people this, you worry about the things that you need to worry about. You experience what you need to experience, you be with your family. Let us do the work on our end. Let us do the investigation. Let us gather the information, let us do the paperwork to let you be with your family. So that’s just what I wanted to add to that. Thank you, John.

John: Absolutely. So thanks again for speaking with me, Rob and Kevin.

Robert: Thank you.

Kevin: Thanks John.