Legal Process

Wrongful Death Bicycle Accident Claims

When a cyclist is killed, families can pursue wrongful death claims. Learn about these difficult cases.

2023-08-10 • 6 min read
wrongful deathfatal accidentslegal process
When a bicycle accident takes someone's life, surviving family members may have a wrongful death claim. These cases are emotionally difficult but can provide important compensation and accountability.

Who Can Bring a Wrongful Death Claim?

Varies by state, but typically:

  • • Spouse

  • • Children

  • • Parents (if victim was unmarried/minor)

  • • Sometimes siblings or dependents

  • • Estate representative (survival action)

    Types of Wrongful Death Damages

    #

    Economic Damages

  • • Lost income and benefits

  • • Household services lost

  • • Medical bills before death

  • • Funeral and burial costs

    #

    Non-Economic Damages

  • • Loss of companionship

  • • Loss of guidance (for children)

  • • Mental anguish of survivors

  • • Loss of consortium

    #

    Punitive Damages May be available in egregious cases:

  • • Drunk driving

  • • Extreme recklessness

  • • Intentional conduct

    Survival Actions vs. Wrongful Death

    #

    Survival Action Claims the deceased could have brought:

  • • Pre-death pain and suffering

  • • Medical expenses

  • • Other personal injury damages

    #

    Wrongful Death Family's own losses from the death.

    Statute of Limitations

    Often shorter than personal injury:

  • • Some states: 1-2 years

  • • Starts from date of death

    Proving Liability

    Same as any bicycle accident case:

  • • Driver negligence

  • • Product defect

  • • Road hazard

  • • Third-party responsibility

    The Human Element

    Beyond legal issues, these cases involve profound grief. Experienced attorneys handle them with sensitivity while fighting for full compensation.

  • Were You Injured in a Bicycle Accident?

    This article is for informational purposes only. Every case is unique. Get personalized legal advice from an experienced bicycle accident attorney.

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