What are my rights if my son was killed in a motorcycle accident and the driver that hit him was cited for failure to use their turn signal?

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What are my rights if my son was killed in a motorcycle accident and the driver that hit him was cited for failure to use their turn signal?

The accident 2 months ago. The driver of the car was charged with failure to use a turn signal. My son was not cited but on the accident report it stated that he was passing on the right. The cops only took a statement from the driver of the car. My daughter was on the motorcycle also. There were also 2 people in the car. There were other witnesses that had quoted to me they saw the accident. I have not spoken to anyone other then the cops who said they are not charging the driver in the car other then the failure to use turn signal.

Asked on September 28, 2011 under Personal Injury, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sorry to hear about your son.

You could file a wrongful death claim with the driver's insurance company.  Wrongful death is a negligence claim. 

If you are dissatisfied with settlement offers from the insurance company, you can reject the settlement offers and file a lawsuit against the driver for wrongful death.  As mentioned above, wrongful death is a negligence claim.

If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, you will need to file your lawsuit for wrongful death against the driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Negligence is the failure to exercise due care (that degree of care in this case that a reasonable driver would have exercised under the same or similar circumstances to prevent foreseeable harm).

It would be advisable to speak with a personal injury attorney.


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