Fatal Motorcycle Accident on 90th Avenue
The Oakland Police Department reported a fatal vehicle versus motorcycle accident on 90th Avenue on July 1, 2023. The crash occurred at approximately 3:00 p.m. along the 1600 block of 90th Ave., according to investigators.
Details on the Fatal Motorcycle Accident on 90th Avenue
Officials in a preliminary release indicated that a man was riding a motorcycle on 90th Avenue in East Oakland. Investigators reported that the motorcyclist was involved in a crash with a Mercedes-Benz SUV at the intersection.
The impact of the collision propelled the biker off the motorcycle. Emergency personnel transported the injured motorcycle rider to an area hospital, where he was declared deceased. Officials have recently identified him as 44-year-old Oakland resident Terrance Evans.
What to Expect From a Wrongful Death Case for a Motorcycle Accident
When an individual sustains fatal injuries in a motor vehicle collision caused by a negligent party, the loss of life may be considered wrongful death. In such cases, survivors may seek reimbursement for their losses through a claim for wrongful death. Compensation comes in two types, including non-economic and economic damages. Eligible surviving family members may be compensated for mental anguish, loss of companionship, loss of benefits, income, wages, and other earnings of the decedent, final resting costs, medical bills (in a survival action), and other associated losses.
Wrongful death laws in California establish which relatives have priority for filing a case of wrongful death. Under CCP 377.60, the deceased individual’s children, domestic partner, or spouse have priority for bringing these cases. A strict deadline is also set for these matters. Eligible surviving family members have two years from the date of loss to file. This must be done if the claim is not settled with the other party. An experienced California wrongful death lawyer can identify important time limits and ensure that all filing deadlines and criteria are met in your case.
To bring a successful wrongful death motorcycle accident case forward, the surviving family members of the deceased must prove that the other side had a responsibility to avoid causing harm to the decedent, such as obeying traffic laws and operating their vehicle safely. Survivors must also demonstrate that the negligent individual or entity failed in their duty of care owed to the decedent, the breach in the duty of care was the direct cause of the loss of life, and surviving family members experienced quantifiable damages because of the fatal motorcycle crash.
How is Liability Established in a Fatal Motorcycle Crash Case?
In some cases of wrongful death, proving liability is straightforward. For instance, a traffic incident report stating that a motor vehicle driver was speeding or driving under the influence caused the fatal incident clearly establishes negligence on the other side’s part. There are some situations where liability may be disputed by the at-fault party and insurance companies. An insurer may attempt to unfairly shift fault onto a decedent, which may come as a blow to survivors as their loved one is no longer around to provide a statement on the incident.
It is useful to have legal counsel in these matters to protect your rights as a surviving family member. An Oakland motorcycle accident attorney from our law office can use their skills and resources to uncover the facts and prove negligence. We routinely work with experts in the field to establish liability and damages. Our legal team works diligently to build the strongest cases possible to obtain successful results on behalf of those we represent. We offer free case evaluations anytime, so there is no cost to learn about your rights as a survivor. Learn about our services in the video below.
Wrongful Death Lawyer in Oakland
When the unimaginable occurs, and a family is deprived of a loved one, survivors deserve answers. At AutoAccident.com, our legal team understands that justice and full compensation matter when it comes to losing someone you love in a fatal crash caused by someone else’s carelessness or negligence. When your family is ready to take legal action for your loss, we are available to review your potential case in a free consultation. You may contact our team of compassionate and skilled Oakland wrongful death lawyers at (510) 631-0200 or (800) 404-5400.
Before calling our injury lawyers for a free case review, we encourage you to check out ratings by our past clients and our list of case resolutions featured on:
We are honored to be a part of the California sectors of the following legal organizations:
Photo Credit: Pexels – “BrettSayles”
:ds llo [cs 788]