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Whether you are cycling to work or for leisure, Montgomery offers a temperate climate and commutable routes for this healthy pursuit. Despite the popularity of bicycles, however, an enjoyable journey can turn deadly fast at the hands of a negligent driver.
If your loved one passed away after a collision with a vehicle while bicycling, you may have a wrongful death claim if the motorist is at fault. At the Law Office of Dwayne L. Brown, our Montgomery fatal bicycle accident lawyer could apply his 31 years of experience in successfully settling and litigating personal injury cases to help you seek justice for your family member’s death. Our bike crash attorney offers free consultations and works on contingency fees, meaning you pay us nothing unless we win your case.
When someone suffers serious injuries in an accident caused by the negligent, reckless, or intentional actions of another, the law entitles them to compensation for their losses, either through insurance settlements or personal injury lawsuits. If that person dies from those injuries, their family can initiate a wrongful death lawsuit through a personal representative of the decedent’s estate. Some states permit close family members to initiate the suit. In Alabama, however, the probate court must appoint a personal representative, although the appointed person may be a surviving spouse, next of kin, or someone else identified in the decedent’s will.
Most states award compensatory damages in these actions, reimbursing families for their losses, including final expenses and the loss of the decedent’s income. However, Alabama only awards punitive damages to the estate to punish the wrongdoer and dissuade future negligent behavior. In Montgomery, a lawyer who handles bicycle collisions could help you learn more about how a wrongful death action may be appropriate for your circumstances.
To prevail in a claim, you must prove that the defendant’s actions or inactions meet the elements of negligence. To prove negligence, you must generally prove that the responsible party owed you a duty of care, they breached that duty, that breach caused the accident, and the accident created damages as a result. Establishing these four elements establishes the grounds of negligence in a strong claim.
There is a variety of evidence we could use to support the grounds for negligence. For example, if law enforcement tickets a motorist for a drunk driving incident that caused grave bodily injury, your bike crash attorney could secure Montgomery police reports, proof of the ticket, and sobriety test results to prove they were negligent in getting behind the wheel while impaired and that negligence led to the death of your loved one.
Wrongful death suits in Alabama only award punitive damages. Punitive damages do not cover final expenses or economic and non-economic losses and instead intend to punish the defendant for their reckless actions to deter similar behavior in the future. Several factors determine the award, including how egregious the defendant’s behavior was. There is no cap on the award, so the more the evidence supports a disregard for human life, the higher the award may be.
Wrongful death cases elicit difficult emotions, but a reputable Montgomery lawyer with experience handling bicycle accident-related fatalities could carefully navigate your case with the skill and compassion it requires. We prioritize communication, ensuring you have direct access to your paralegal and attorney Brown when you need it throughout the case process. Seeking guidance from a qualified attorney is crucial, as you have only one chance to convince a jury and get justice for your loved one.
Whenever bicyclists share the road with motorists, there is a chance of a catastrophic encounter. Bike helmets may help, but cyclists are still at the mercy of strangers on the road. If a reckless motorist crashes into your loved one, our Montgomery fatal bicycle accident lawyer from the Law Office of Dwayne L. Brown is ready to seek justice for your family. Call our team now to schedule your free case assessment.
