Monday, August 30, 2010

A Car Accident - Wrongful Death Cases

A car or motorcycle crash that results in death can be grounds for a wrongful death lawsuit. The people who can be found liable are as varied as the different forms of compensation that can be recovered for a wrongful death. The perpetrator of the accident (in the other car), vehicle manufacturers, and any one else who may have contributed to the accident may be liable for funeral costs, lost wages and the loss of the ability to see that person again.

Wrongful death, or the ability to sue because of a legal fault that lead to loss of life, is a newer concept. In old England, deaths were the subject of the crown and his sheriffs. Wrongful death is a civil, not criminal matter. However in the last century, English common law was revised, and now every state has wrongful death statutes under civil law.

Motorcycle injuries and car crashes leading to death are actually simpler cases of wrongful death. Because when cars are hurtling at each other at combined speeds of over a hundred miles an hour, it is pretty clear what caused the crash and that someone is responsible. Denver injury lawyers say these cases are easier to file than say ones against a doctor or product manufacturer, where it is not entirely clear what actually caused the victim's death.

Entities can be sued for both acting intentionally to cause death, or by failing to act as a responsible person. Common defendants are corporations, government agencies, and people. Several different entities may be part of the suit. For example, on a damaged road where a drunk driver caused an accident there could be many different defendants. The driver and employer may both be at fault, and the designer and maintainer of the roadway could also be at fault. Negligence is the case in the second of the two cases. Denver motorcycle lawyers will tell you that negligence is much easier to prove than intention of killing someone. Additionally, someone who allowed the driver to drink and drive, or the company that was involved in selling a faulty part on either car could both be brought up in a wrongful car accident death

The people who may sue in the event of a Denver motorcycle accident are usually called "real parties of interest" in Colorado. Often the executor of the deceased's estate acts as a representative for these parties. Common people included as "real parties of interest" in a Denver injury lawsuit include immediate family members and spouses. Colorado allows all parents, siblings, children and life partners to sue. Additionally, anyone who was dependent on or who suffered financially from the death may have grounds to sue. Even the death of a fetus may bring about a wrongful death suit by the parents in some states.




Don't let a personal injury at work ruin your livelihood without visiting with a personal injury attorney. I bring years of experience with a Denver accident lawyer to try and give the average man a chance when representing himself in court. Visit my Denver motorcycle attorney blog to find more about self-representation.

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Sunday, August 8, 2010

BC considers tougher motorcycle laws

The BC government plans to toughen motorcycling rules after a report from the BC Coroners Service made recommendations. Between 2000 and 2007, 286 motorcycle-related deaths were reported to the Coroners Service. In light of the rising number of fatalities, BCs chief coroner convened a death review panel on motorcycle fatalities in November 2008. The panel made nine recommendations aimed at preventing similar tragedies in the future including: • Require mandatory industry certification for all motorcycle helmets. • Establish a graduated-licence program for new riders. • Implement a zero-tolerance blood-alcohol policy for new riders. • Issue a different-coloured licence plate to motorcyclists who hold a learners licence. • Re-evaluate existing standards for training schools and instructor certification. •Expand the scope of coroners investigations involving motorcycle deaths to include more data and compile it in a specific section for better analysis in the future. The recommendations were directed to the Office of the Superintendent of Motor Vehicles, the BC Coroners Service and the Insurance Corporation of BC (ICBC). More daily videos visit us at: www.ilstv.com



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