Florida Motorcycle Accidents - Wrongful Death Claims

Motorcycle accidents account for a disproportionate number of serious injuries and fatalities on Florida roads.  When drivers and cars and trucks fail to share the road with motorcycles, the consequences can be catastrophic.  If you have lost a loved one due to a motorcycle accident in Florida, you may be entitled to make a wrongful death claim against the at-fault party.  Many times the drivers of the at-fault vehicle and their insurance companies will try to blame the motorcycle rider for the accident.  Involving an experienced motorcycle accident lawyer can make a big difference in the ulitmate outcome of the case.  An injury attorney can investigate the circumstances of the accident and preserve important evidence to help prove the fault of the other vehicle.  

Who Can File a Wrongful Death Claim for a Motorcycle Accident in Florida?
​When a motorcyclist dies as a result of a motorcycle accident in Florida, the family members may be able to bring a claim for wrongful death against the negligent person or company that caused the accident.  Wrongful death claims arising out of motorcycle fatalities allow for the recovery of money damages.  The Florida Wrongful Death Act, identifies the specific survivors or family members that are permitted to advance a claim for wrongful death.   In Florida, the following family members can advance claims for wrongful death damages:

• Spouse 
• Children
• Parents

There are circumstances where others may be able to claim, such as when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.  This also includes a child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support. (768.20)

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