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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.