Only a few days into June and all of the hard work of the NHTSA who promoted Motorcycle Safety Awareness Month in May seems to have been undone. Throughout New England, including Massachusetts and New Hampshire, fatal motorcycle accidents seemed to dot the news headlines.
On Monday, a 51 year old man from Weare, New Hampshire was killed in a fatal motorcycle crash which occurred on I-495 South in Milford, Massachusetts. The motorcyclist lost control and this case is still under investigation.
Another fatal motorcycle crash occurred on Route 85 in Hudson, Massachusetts on Monday. 21 year old Marcio Aquino Jr. hit a curb and was thrown from his motorcycle into several boulders on the side of the road. Despite wearing a helmet, he died of his injuries. The police indicated that speed was likely a factor.
Also on Monday, a doctor from Catholic Medical Center, 61 year old Leon Haas, was killed when he lost control of his motorcycle and collided into the rear of a car that was stopped at at traffic light.
Monday also saw a fatal motorcycle crash in Queens, New York. Curtis Johnson, a 28 year old off-duty police officer was killed when his bike was struck by a vehicle that was attempting to make a turn. He was subsequently thrown from his motorcycle and struck by another vehicle.
Early Tuesday morning in Branford Connecticut, 37 year old Kirk Orlando Valentine was killed when the motorcycle he was driving on I-95 was struck from behind by another motorcycle driven by 24 year old Royce Burns Jr. Speed was considered a factor in this crash.
The last week of May did not bode better for motorcyclists. In Maine, 23 year old Dana Watts died from life threatening injuries following a motorcycle crash. Dana failed to negotiate a corner, left the roadway and crashed. Police indicated that speed was a factor. Dana was wearing a helmet.
What Can You do if Someone You Know is Killed in a Motorcycle Accident?
It is a tragedy when someone dies from a motorcycle accident, or any accident. It is a very unfortunate tragedy when someone dies in a motorcycle accident due to excessive speed, not wearing a helmet, inexperience, or driving under the influence. In these cases, there is no remedy to compensate the surviving family members unless the family had made prior arrangements such as life insurance.
When someone is killed or severely injured in a motorcycle crash due to the negligence of another driver, such was the case with the New York off-duty police officer and the crash in Connecticut, there is a legal remedy to obtain compensation from the negligent party.
In Massachusetts, when someone dies in an accident due to the negligence of another party, it is known as a wrongful death. The survivors, such as the spouse, dependent children, can bring a claim against the negligent party for damages which include but are not limited to: the loss of reasonably expected income that the decedent would have provided but for the injuries, the loss of services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice that the decedent would have provided and reasonable funeral and burial expenses.
In New Hampshire, in a wrongful death case, the damages are separated into two categories. The first category is for damages actually suffered by the deceased such as mental and physical pain suffered especially in cases where the death did not occur immediately, reasonable expenses occasioned to the estate such as medical and funeral expenses, the probable duration of life but for the injury, and the capacity to earn income during the probable working life of the deceased. The second category is for damaged suffered by the survivors which include the loss of comfort, society and companionship of the deceased.
What can You do if You or Someone You Know is Seriously Injured in a Motorcycle Accident?
If you are injured in a motorcycle accident due to the negligence of another party, you are able to make a claim against the negligent party to recover for your damages which can include medical expenses, property damage to your motorcycle and equipment, lost wages, loss of earning capacity, pain and suffering and so forth. Hiring an experience attorney is advisable to assist you in maximizing your recovery. Too often injured parties settle their claims prematurely without understanding the true nature and extent of their injuries. What if you were so severely injured that you required long term care? Without the proper reserve for future medical expenses you would have to burden your family to get the care you require both financially and emotionally. Our experts can help you and your family determine the extent of your damages and the impact they have and will have on you and your family’s future.
Our firm has the experience and resources to help the injured and their family journey down the path to recovery following a traumatic accident. You needn’t suffer alone. Please visit our Massachusetts and New Hampshire Affected Families pages for resources on care giving, brain injury support groups and more. These pages also provide explanations of the loss of consortium claims that your family can make following your injury.
For the injured party, our attorneys will work zealously to represent you and your claim. Our firm has the experience with a wide variety of accident situations, including those in which the negligent party was not insured. All consultations are free and we encourage you to call us.
Fill out the form or call us at (603) 883-4100 to schedule your free consultation.