Motor vehicle accidents involving a motorcycle and a car can cause very serious and sometimes fatal injuries. Our Framingham wrongful death lawyers have witnessed first-hand the sadness and heartache surviving family members experience after losing a loved one in a motor vehicle accident.
Whether a child or parent, it’s heartbreaking to learn of a loved one’s death caused by a negligent driver. The impact any fatal accident has on the lives of those left behind is tragic. The surviving family members of these terrible crashes deserve to be compensated for their loss.
Fatal Motorcycle Crashes are Common in Massachusetts
Recent statistics reveal that in the first half of 2021, there were 37 motorcycle deaths in Massachusetts. This represents a 31% increase from the previous five years. What’s more, Mass.gov reported automobile drivers, not motorcyclists, are responsible for more than two-thirds of car vs. motorcycle crashes in Massachusetts. Many times, drivers don’t see the motorcyclist until it’s too late to avoid a crash.
In April of this year a 60-year-old man died when a young driver exiting a driveway in Dudley, Massachusetts. This young driver collided with the motorcyclist. The crash was severe and resulted in his death of the motorcyclist.
Then in June, a young man from Dighton, MA, was pronounced dead after a crash with a motor vehicle. Between January and mid-July of 2021, there have been 37 motorcycle deaths statewide with at least four occurring in July alone.
The Surviving Family Members Need Experienced Wrongful Death Lawyers
When someone is fatally injured in a motor vehicle accident, the surviving family members may seek financial compensation through a Massachusetts wrongful death claim. This claim seeks to be compensated for the loss of their loved ones and the devastating impact it has on the lives of those left behind.
It is extremely important for the surviving loved ones of a fatal motorcycle accident victim to have qualified, experienced injury attorneys involved as soon as possible after a motorcycle crash. There are many aspects of a motorcycle accident that must be taken control of as soon as possible. Sadly, just because there was a loss of life doesn’t mean an insurance company is going to make payments of compensation. In fact, an insurance company will take action immediately upon notice of an accident to gather any facts or evidence that they can use to place blame at the deceased or to reduce any amounts they may need to pay for their insured’s careless driving.
Our Framingham injury attorneys have the experience and the tools necessary to investigate the facts surrounding a motorcycle accident to put the surviving loved ones in the best possible position to recovery the compensation they deserve for their loss. This includes collecting all police reports, obtaining witness statements, and documenting physical damage to all vehicles involved and the surrounding crash scene. Our office has worked extensively with various experts including accident reconstructionist that many times are needed to substantiate a wrongful death claim against the negligent driver. We have our own accident reconstruction experts ready to help prove the other driver was at-fault and the deceased motorcyclist was not responsible for the crash.
The Handling of Compensation After a Successful Wrongful Death Case
What surviving family members sometimes don’t understand is that the Massachusetts Probate Court is typically indirectly involved in a wrongful death case. Whether the deceased died with a Last Will and Testament (testate) or without a Will (intestate), the Probate Court must be petitioned to appoint a Personal Representative of the accident victim’s estate and then determine the distribution of assets as well as payments of expenses and taxes related to the deceased’s estate. The probate of an estate in Massachusetts can take up to a year or more because creditors have one year after a death to come forward for payment. Depending on the nature of the deceased assets, probating an estate could take even longer.
Who is entitled to be compensated under the wrongful death laws in Massachusetts is dependent on whether the deceased had a Will. If there is a Will the persons named under the Will take according to the decedent’s wishes. If there is no Will then the distribution of assets follows a designated statutory plan - the intestate succession laws in Massachusetts - that could include the surviving spouse, children of the deceased including adopted children, parents, grandparents, brother and sisters.
Wrongful Death Cases can be Complex and Experienced Injury Lawyers can Help
The particulars and complexities of a wrongful death case can be too much for a surviving family to handle, especially considering the time involved in grieving the loss of a loved one. Our office has worked with families in these types of cases and understand that it is extremely hard for a family to lose a loved one in a motor vehicle accident.
Our experience and knowledge of these types of accidents and the legal requirements of a wrongful death case help families by relieving them with the burden of dealing with the insurance adjusters, the police, and medical providers, health insurance companies and the Probate Court so they can grieve and focus on their family. If you suffered a tragedy like this, call our office of skilled Framingham personal injury attorneys at (508) 879-3500 or contact us online for a free meeting to discuss your options and rights.