Understanding Motorcycle Wrongful Death Cases in California

What Constitutes a Wrongful Death in California?

In California, a wrongful death occurs when a person dies due to the legal fault of another person or entity. This could be due to negligence, recklessness, or intentional harm. Motorcycle accidents often fall under this category, especially when caused by:

• Distracted driving
• Speeding
• Driving under the influence of alcohol or drugs
• Reckless or aggressive driving
• Poor road conditions
• Vehicle defects

Who Can File a Wrongful Death Claim?

Under California law, several parties are eligible to file a wrongful death claim, including:

• The deceased person’s spouse or domestic partner
• The deceased person’s children
• If there are no surviving spouse, domestic partner, or children, then anyone who would be entitled to the deceased’s property by intestate succession (such as parents or siblings)

Proving Negligence in a Motorcycle Wrongful Death Case

To succeed in a wrongful death claim, the plaintiff must prove that the defendant’s negligence caused the fatal accident. This involves demonstrating:

1. Duty of Care: The defendant owed a duty of care to the deceased. For example, all drivers have a duty to operate their vehicles safely and follow traffic laws.
2. Breach of Duty: The defendant breached this duty of care through their actions or inactions.
3. Causation: The breach of duty directly caused the accident and the resulting death.
4. Damages: The death resulted in quantifiable damages, such as medical expenses, funeral costs, loss of income, and loss of companionship.