Fatal Motorcycle Accident Lawyers in Kansas
While riding on a motorcycle can be a thrilling way to travel and appreciate the beauty of Kansas, it comes with a serious risk.
The lack of protection a motorcycle offers, combined with high speeds, can prove to be a deadly combination. Only 3 percent of all registered vehicles are motorcycles, yet they are involved in more than 13 percent of traffic fatalities in the U.S. According to data from the National Highway Traffic Safety Administration (NHTSA), more than 5,000 motorcycle riders are killed each year, and riders are 27 times more likely to be killed in a traffic accident than if they were passengers in a motor vehicle.
Sadly, statistics also show that the drivers of other vehicles are more likely to cause a motorcycle accident than riders, and many of these accidents could have been prevented. If someone you know was killed in a motorcycle accident, we are sorry for your loss, and you have our deepest condolences.
Dealing with the aftermath of such a tragedy can be difficult, but you don’t have to do it alone. In Kansas, close relatives of people killed in a motorcycle accident can retain legal services to hold any negligent parties responsible and recover compensation. Our fatal motorcycle accident lawyers in Kansas have specialized experience that helps identify any parties who are at fault so they can be held accountable.
Motorcycle Accident Death Statistics in Kansas
NHTSA statistics show that fatal motorcycle accidents are far too common in Kansas. For example, in 2018, there were nearly 900 total motorcycle accidents that led to 61 deaths. That year also had the highest number of fatalities compared to any other year during the previous decade.
Federal data also reveals the importance of wearing a helmet while on a motorcycle. An NHTSA report found that 55 percent of riders killed in Kansas in 2021 were not wearing a helmet, while 38 percent were wearing a helmet. Currently, Kansas only requires helmets for riders who are under 18 years old.
Causes of Fatal Motorcycle Accidents in Kansas
It bears repeating that the majority of accidents involving a passenger car and a motorcycle are caused by the driver of the passenger vehicle. This goes against the stereotype that motorcycle riders are reckless and taking their lives into their own hands when they go out on the road.
The NHTSA has cited several different factors that contribute to fatal motorcycle accidents.
Motorcycles Being Less Common Than Other Vehicles
Drivers are used to seeing other cars and trucks on the road. They are less used to seeing motorcycles because they typically only show up on the road during the warm weather months and good riding conditions. In addition to being less familiar with how motorcycles navigate traffic, drivers are also less likely to keep an eye out for them because they aren’t as common on the roads.
Motorcycles Being Less Visible to Drivers
Motorcycles also have a lower profile compared to other vehicles. This makes them less visible to other drivers, and it also compounds the fact that drivers aren’t used to seeing them on the road. Studies have shown that people who only drive a passenger vehicle are simply less aware of motorcycles sharing the road with them than people who own a motorcycle license.
Drivers Misjudging a Motorcycle’s Speed and Distance
The smaller profile of a motorcycle can also make it harder to judge its distance and the speed at which it is traveling. When a driver makes this error in judgment, they might mistakenly attempt a turn in front of an oncoming motorcycle and cause a collision. In fact, statistics show that drivers making left-hand turns are a common cause of fatal motorcycle accidents.
Drivers Following Too Closely
Following too closely is a common cause of car accidents in general. But when the accident is between a passenger car and a motorcycle, the motorcyclist is far less likely to walk away from the accident than the person behind the wheel.
Road Debris
While a passenger car or a large truck can plow through small bits of debris on the road, even small objects in the path of a motorcycle can be deadly. Riders will often change lanes to avoid debris, and this sudden maneuver could have deadly consequences if other vehicles drive too closely.
Distracted Driving
Riding a motorcycle doesn’t allow for too many distractions. That isn’t the case when it comes to driving a passenger vehicle. Most modern cars have display screens that show navigation apps, music, backup camera video, and more. While these display screens are very useful and can help drivers to be more aware of what’s going on around them, they can also be distracting. Display screens are just one more type of distraction to go along with texting, phone calls, food, conversations with other passengers, and more.
Speeding
Speeding is dangerous regardless of the vehicle types involved. It’s important for drivers and riders to maintain speeds that are appropriate for the road conditions. Speed is a defining factor in the severity of auto and motorcycle crashes. Especially with motorcycles, when the speed is increased, so is the likelihood of severe injury or death.
Driving While Impaired
The dangers of getting behind the wheel or hopping on a bike while drunk are well-known, and there is a social stigma around attempting to drive or ride while visibly intoxicated. However, research has shown that operating a motor vehicle after just two drinks greatly increases the risk of an accident as well.
Who Can File a Wrongful Death Claim for a Motorcycle Fatality?
If a rider was killed in a motorcycle accident, it’s possible that the parties responsible for their death would face criminal charges. However, it can be difficult to find someone guilty of homicide beyond a reasonable doubt. Even if a person is found guilty for the death of a motorcyclist, it doesn’t help to offset any financial burden that may have been created by funeral expenses, lost income, or medical costs.
To recover compensation, the party only needs to be found negligent, which is a much lower burden of proof than finding them guilty. This requires proving four elements:
- The accused owed the duty of care to the victim
- The accused failed in this duty
- The breach of duty caused damages
- The victim suffered these damages
In the case of a fatal motorcycle accident, this might require proving that another driver was putting other drivers in danger by driving recklessly and that their actions directly caused the death of the motorcycle rider. Our fatal motorcycle accident lawyers in Kansas have extensive experience improving these four elements of negligence.
It’s important to note that a wrongful death lawsuit isn’t the only legal action that can be taken. A survival action can be filed by the decedent’s estate, and it seeks compensation that the deceased person would have received had they survived the accident. For example, if a motorcycle accident victim experienced prolonged pain and suffering before passing away from their injuries, a survival action might seek compensation for that pain and suffering.
Kansas Wrongful Death Laws
Under Kansas law, a wrongful death lawsuit is filed by the decedent’s estate on behalf of the heirs at-law. These would be surviving family members who were entitled to an inheritance from the decedent under the state’s succession laws. If the decedent did not have any direct surviving family members, a court could appoint people who were dependent upon the deceased person to act as heirs at-law.
Kansas has a two-year statute of limitations for filing a wrongful death lawsuit. If a wrongful death claim has not been filed within two years of the victim’s passing, the right to file a claim has been forfeited. Exceptions to the statute of limitations may be made in cases involving a minor child.
What Compensation Is Available for a Kansas Motorcycle Accident and Wrongful Death?
Wrongful death compensation is meant to help surviving family members overcome their losses. In a material sense, losses can mean medical bills, funeral costs, and lost income that the decedent would have otherwise received had they not been in a fatal motorcycle accident. Compensation can also be for non-material losses, such as the pain and suffering endured by surviving family members.
Our fatal motorcycle accident lawyers in Kansas will attempt to recover compensation from another driver who caused the accident. In some situations, our attorneys may attempt to recover compensation from other parties. For example, if a defective part appears to have caused the accident, we may attempt to recover compensation from the parts manufacturer. Or, if inadequate road signage caused the accident, our attorneys may seek to recover compensation from the municipality responsible.
Our experienced fatal motorcycle accident lawyers in Kansas are knowledgeable when it comes to which parties should be pursued for compensation.
Our Legal Experts Can Help You Secure the Compensation You Need to Move Forward
At Bretz Injury Law, our legal team has extensive experience with motorcycle accidents. We have dealt with all kinds of situations, such as helping victims with serious concussions and brain injuries. We have also seen all kinds of fatal accidents, from highway crashes to crashes at intersections. Contact us today by calling 620.RESULTS to find out how our legal experts can be of assistance.
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