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According to the state’s Department of Safety, for every year over the past decade, crashes have killed more than 100 motorcyclists. Often, deaths are due to negligence by motorists who are familiar with looking for larger vehicles but fail to notice motorcyclists. Other contributing factors to motorcyclist deaths include alcohol, drugs, not wearing a helmet, and speeding.
If you lost a loved one due to a reckless driver, your family has recourse to pursue compensation. The process for filing a wrongful death action is unique in the state, so consulting a knowledgeable motorcycle accident attorney is crucial. Dwayne L. Brown has more than 31 years of experience helping families devastated emotionally and financially by fatal motorcycle accidents in Montgomery. Remember, you do not pay unless we win your case.
An attorney may collect and categorize evidence to prove that another person’s negligence caused the accident and your loved one’s death. If the at-fault party is a motorist, an attorney must prove the four elements of negligence, including that they had a duty to behave as a reasonable driver. This would include following traffic rules, driving sober, and avoiding distractions such as texting and driving. To establish negligence, an attorney must prove that the motorist’s actions were substandard, that they caused the accident, and that if it were not for the accident, your loved one would be alive.
An attorney could negotiate with the motorist’s insurer for a suitable settlement, but big insurance companies usually undervalue claims to preserve profits for shareholders. The probate court becomes involved at this stage because only the personal representative for the estate can file a wrongful death claim on behalf of family members. After a deadly motorcycle crash in Montgomery, an attorney could advocate for a suitable personal representative when necessary and help file a wrongful death lawsuit.
In most states, the courts will award economic and non-economic damages after a family wins a wrongful death case. But in this state, courts award only punitive damages, meant to punish the guilty party and dissuade further offenses.
Generally, punitive damages require the at-fault party to have acted egregiously, a bar higher than negligence. In most cases, a drunk driver who causes a death is enough for punitive damages, but proving the driver’s blood alcohol content was sufficiently high can lead to a more serious award for damages. The state does not cap punitive damages, so the jury can award them as they believe appropriate. Additionally, since punitive damages do not go through probate, creditors cannot seize them, and thus, victims’ families receive them directly.
Our clients rely on our team, knowing that Attorney Dwayne L. Brown spends the necessary time and effort to build strong cases and keeps them informed at every step. If assigned to a paralegal, you would have direct access to them as well as Dwayne Brown through call or text. In Montgomery, fatal motorcycle collisions are life-changing, and we are here to calm your fears and help you win compensation.
If you lost a loved one in a fatal crash, our team is here to hear your story. In this time of grief, we extend a comforting hand while exploring whether a wrongful death action is right for your family. As you concentrate on recovery, an attorney could build an irrefutable case for compensation if someone is at fault for their death.
After 31 years of winning cases, you can be confident in Attorney Dwayne L. Brown’s ability to review your claim and determine how best to help you. You owe us nothing unless we win your case. For fatal motorcycle accidents in Montgomery, reach out to Dwayne L. Brown and his team for guidance.
