Losing someone you love in a motorcycle accident raises the question of whether you can sue for wrongful death. In many cases, the answer is yes, you can sue for wrongful death in a motorcycle accident claim, if another person or party’s actions caused the accident and your family’s loss.
Your motorcycle accident lawyer with Munley Law can explain how these claims work, what proof is needed, and how we can help your family pursue the justice and compensation you deserve. Contact us today for a free consultation. There is no fee for our services unless we win your case.
Speak with a motorcycle accident lawyer today.
When a Motorcycle Crash Becomes Grounds for a Wrongful Death Lawsuit
If you lost a loved one in a motorcycle crash, you may be wondering if you can file a wrongful death lawsuit. For a case to qualify, there must be proof that another person or party’s careless or wrongful actions caused the crash and the death. In situations like this, civil law allows you and your family to seek compensation for what you have lost. For your wrongful death claim to be successful, you’ll need the help of an experienced, highly skilled attorney. At Munley Law, our attorneys have helped thousands of families obtain justice for the loss of a loved one. We bring decades of experience, a strong track record, multiple board certifications, and a team approach to our cases. Learn more about what makes Munley Law one of the leading personal injury law firms in the nation.
How We Establish Negligence in Deadly Motorcycle Collisions
To establish negligence in wrongful death motorcycle accidents, you need evidence that shows the other party had a duty to act safely, failed to meet that duty, and caused the collision. This usually starts with gathering documentation such as police reports, witness statements, and any available video from traffic cameras or nearby businesses.
Accident reconstruction experts can often use skid marks, vehicle damage, and roadway measurements to explain how the crash happened, and medical records can help link the injuries directly to the collision. The goal is to create a clear, fact-based account that shows the other party’s actions were the cause of your loved one’s death.
When Road Hazards Lead to Fatal Crashes
If you ride, you already know that road conditions can prove hazardous to motorcycle riders. Some are the result of poor upkeep, like crumbling pavement that never gets fixed. Others come from reckless or careless behavior, such as cargo falling off a truck into the lane ahead of you. When a hazard like this leads to a crash that takes someone’s life, it may become a key part of a wrongful death claim. Some hazards we see in these cases include:
- Uneven pavement
- Loose gravel
- Spilled cargo
- Standing water
- Potholes
- Construction debris
- Oil slicks
- Obstructed signage
- Broken or missing guardrails
- Faded or missing lane markings
- Debris from previous crashes
- Malfunctioning traffic signals
- Overgrown vegetation is blocking views
Who is responsible for fixing or preventing a hazard depends on where it is and how it happened. It might fall on a city or county, a contractor working on the road, or even a private property owner. Showing that a dangerous road condition played a part in your loved one’s crash can make a wrongful death case stronger and can help hold the right party accountable.
Violating Right-of-Way Laws Can Lead to Fatal Motorcycle Collisions
When another driver fails to yield or ignores a traffic signal, it can lead to devastating consequences for a motorcyclist. These right-of-way violations are a common cause of deadly crashes, especially at intersections or when a vehicle turns in front of an oncoming motorcycle.
At Munley Law, we have seen how much these cases can impact families like yours. We know how to gather the right evidence, from witness statements to crash scene analysis, to show that another driver’s failure to yield caused your loss and is grounds for a wrongful death lawsuit.
Economic and Non-Economic Damages in Motorcycle Wrongful Death Cases
When a loved one’s life is cut short in a motorcycle crash, the losses go far beyond the immediate shock. Wrongful death compensation can cover both the financial costs tied to the death and the harder-to-measure personal losses that follow. While these damages are evaluated differently, both play an important part in reaching a fair result for your family. Examples of economic and non-economic damages in a motorcycle wrongful death case include:
- Medical expenses from the crash and related treatment before death
- Funeral and burial costs
- Loss of income and employment benefits that the person would have provided
- Loss of household services they contributed
- Emotional pain and mental suffering for surviving family members
- Loss of companionship, comfort, and guidance
- Changes to the quality of life for those left behind
Each category of damages tells part of the story of what happened and how it has affected your family. Calculating these amounts often means reviewing records and other evidence, as well as consulting with experts to understand the full scope of your losses.
Criminal Charges and Civil Wrongful Death Claims
When a motorcycle crash leads to criminal charges, those charges can affect a related wrongful death case. Criminal court and civil court are separate systems, so the outcome in one does not affect the other. A civil case can move forward even if no criminal charges are filed, because the two processes have different purposes and standards of proof.
How Criminal Cases Differ from Civil Wrongful Death Claims
A criminal case is brought by the state to punish someone for breaking the law, while a civil wrongful death claim is filed by the family to recover compensation for their loss. Criminal court requires proof beyond a reasonable doubt, which is a much higher standard than the preponderance of the evidence used in civil court.
This difference in proof means that even if the person is not convicted in criminal court, the family may still succeed in civil court. Civil cases focus on whether the evidence shows it is more likely than not that the defendant’s actions caused the death, which is a lower threshold to meet.
Using Criminal Convictions as Evidence in a Civil Case
If the person responsible for the motorcycle crash is convicted in criminal court, that conviction can help a wrongful death case by confirming key facts about what happened. The conviction can also make it harder for the defense to dispute liability in the civil claim.
Even without a conviction, evidence from the criminal investigation can still be valuable. Items like police reports, toxicology results, and witness statements can help tell the story of how the crash occurred and support the family’s position in civil court.
Do Not Wait for Criminal Proceedings to End
The deadlines for filing a wrongful death claim are separate from any criminal case. The judge in a civil case may take the pending criminal case into consideration, as the verdict might be valuable evidence in your case.
However, if you wait until the criminal case is over to begin your lawsuit, you may run out of time to file your wrongful death lawsuit. Starting the civil case as soon as possible helps protect your right to seek compensation for your family’s loss, regardless of the criminal timeline.
There is no fee unless we win your case.
The Difference Between Survival Actions and Wrongful Death Claims After a Motorcycle Crash
Survival actions vs. wrongful death claims serve different purposes, even though they can come from the same accident. A survival action addresses the losses the person experienced between the crash and their passing, while a wrongful death claim focuses on the impact the loss has on the family.
Your personal injury lawyer from Munley Law can help you figure out how these claims work together and why filing both may be the best way to seek full compensation.
Wrongful Death Claims Focus on the Family’s Loss
Wrongful death claims are about what the family has lost because of the crash. That can include the income your loved one would have earned but it also takes into account the everyday presence and support they provided.
In a fatal motorcycle accident case, a car accident lawyer can help explain how the loss has affected your life and why it matters in the claim. Talking about those changes in a way that shows what your loved one meant to you can help others comprehend the depth of your loss.
Survival Actions Focus on the Decedent’s Losses
A survival action is filed on behalf of the person who was injured in the crash. It covers the harm they went through before passing away, such as the pain they felt, the medical care they needed, and the wages they could not earn during that time.
Under 42 Pa. C.S. § 8302, the estate can recover these damages and then distribute the funds to the heirs. This type of claim focuses on what your loved one went through in the time between the crash and their death.
Beneficiaries Have Rights in Motorcycle Wrongful Death Cases
The rules for who can file a wrongful death claim and how the compensation is shared depend on the person’s relationship to the decedent. In most cases, spouses, children, or parents have the beneficiary rights to bring the claim.
If catastrophic injuries in a motorcycle accident lead to a wrongful death, you must file the survival action according to the 2 year statute of limitations outlined in 42 Pa. C.S. § 5524. Missing this deadline could end your chance to recover compensation, which is why it is important to make a decision sooner rather than later.
Special Considerations in Motorcycle Wrongful Death Claims
Motorcycle wrongful death cases often involve details that make them different from other types of fatal crashes. Visibility issues, the lack of protective barriers, and the skill required to handle a bike can all affect how the case is built. If your loved one’s crash caused head trauma or other severe injuries before their passing, a traumatic brain injury lawyer from our team can help address those medical aspects while building the full wrongful death claim.
Helmet Laws Could Affect Your Wrongful Death Claim
In some cases, whether the rider was wearing a helmet becomes part of the evidence in a wrongful death claim. Defense attorneys may use helmet law violation compliance to argue about the cause or severity of the injuries.
Under 75 Pa. C.S. § 3525, Pennsylvania requires certain riders to wear protective equipment, and those requirements can vary in other states. Even if a helmet was not worn, the focus should remain on the actions that caused the crash, not just the injuries that followed.
Low Visibility Conditions and Liability
When visibility is low, drivers must take extra care to watch for motorcycles. Rain, fog, snow, and dark roadways make motorcycles harder to spot, and even a small lapse in attention can have devastating consequences. These conditions demand more awareness and caution from everyone on the road.
In wrongful death cases involving poor visibility, the key is showing that the driver failed to adjust their driving to match the conditions. If the crash also caused severe friction burns or road rash, a burn injury lawyer at Munley Law can address the medical evidence related to those injuries while building the broader case.
Motorcycle Wrongful Death Claims and Lane Splitting
Lane splitting accidents can happen when a motorcycle rides between lanes of slower or stopped traffic. If lane splitting played a part in your loved one’s fatal crash, the investigation will look at the details of the situation, including where the motorcycle was positioned, the speed of all vehicles, and the flow of traffic at the time of the crash. This information helps determine if lane splitting contributed to a death on a motorcycle and how it may impact your wrongful death claim according to the state’s comparative negligence laws outlined in 42 Pa § 7102.
Get Help From Your Motorcycle Accident Attorney at Munley Law Today
We know how heavy things can feel after losing someone you love in a motorcycle crash. Your motorcycle accident lawyer from Munley Law will focus on the legal side so you can focus on your family. When you contact us, we can talk about what happened and decide on the best way forward together.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 15, 2025.
