Can I Sue If My Loved One Died in a Motorcycle Accident in Dallas?

Legal Options for Families After a Deadly Motorcycle Crash – How to Pursue a Dallas Motorcycle or Crash Accident Lawsuit.

If your loved one died in a motorcycle accident in Dallas, yes, you may be able to file a wrongful death lawsuit. Texas law gives certain family members the right to pursue compensation if someone else’s negligence caused the fatal crash. Whether the accident involved a distracted driver, a drunk motorist, or dangerous road conditions, surviving relatives can take legal action.

A wrongful death claim in Texas is based on Texas Civil Practice & Remedies Code § 71.002. This law allows qualified family members to sue for losses resulting from a death caused by another’s wrongful act or carelessness.

The Genthe Law Firm, led by attorney Aaron Genthe, helps Dallas families navigate motorcycle crash claims with care and clarity.

Who Can File a Dallas Crash Accident Lawsuit After a Fatal Motorcycle Wreck?

Only certain people can file a Dallas crash accident lawsuit. Texas limits eligibility to the deceased person’s spouse, children, or parents. If none of these parties file within three months, the executor of the deceased’s estate may step in to pursue the claim on behalf of all beneficiaries.

Siblings and other extended family members are not allowed to file a wrongful death claim under Texas law. This limitation can be frustrating, especially in close families, but it helps streamline legal proceedings and clarify who has standing to sue. Aaron Genthe can help determine who in your family is legally eligible and work with you to start the process.

What Must Be Proven in a Dallas Motorcycle Accident Lawsuit?

To win a Dallas motorcycle accident lawsuit, you must prove that someone else’s negligence caused your loved one’s death. Texas law requires proof of four main elements:

1. Duty of care – The other party had a legal duty to drive safely.
2. Breach of duty – That duty was violated (e.g., through speeding, texting while driving, or failing to yield).
3. Causation – The breach directly led to the accident and death.
4. Damages – The death resulted in losses, both financial and emotional.

Useful evidence includes accident reports, photographs, witness statements, and medical records. Video footage from nearby businesses, 911 call transcripts, and expert accident reconstruction can also be critical. The Genthe Law Firm has extensive experience building strong cases using this type of evidence.

Damages Available in a Dallas Crash Accident Lawsuit for Wrongful Death

Wrongful death claims can result in compensation for both economic and non-economic damages. Examples include:

• Medical and funeral expenses
• Lost income and future earnings
• Loss of companionship and support
• Mental anguish and emotional suffering

These damages aim to ease the burden on the family left behind. For example, if the deceased was a primary earner, the surviving spouse and children may be entitled to compensation that reflects the long-term financial impact. In rare cases, courts may award punitive damages to punish particularly reckless or egregious conduct, such as driving under the influence.

How Long Do You Have to File a Dallas Motorcycle Accident Lawsuit?

Texas has a strict two-year deadline for filing a wrongful death lawsuit. Under Texas Civil Practice & Remedies Code § 16.003, this period begins on the date of the deceased person’s death.

Some exceptions may extend or shorten the timeline. For instance, if the victim was a minor or if the responsible party is a government employee or agency, special rules may apply. Missing the deadline typically ends your chance to recover any compensation. The Genthe Law Firm can help you determine how much time you have and ensure no deadlines are missed.

Partial Fault in a Dallas Crash Accident Lawsuit: Does It Affect Compensation?

Texas follows a modified comparative fault system. If your loved one was partially at fault, your recovery may be reduced. For example, if the deceased was 30% responsible, your damages may be reduced by that percentage.

If the deceased is found more than 50% at fault, Texas law bars recovery entirely. That’s why it’s so important to have a lawyer who can present the evidence in a way that minimizes perceived fault. Aaron Genthe is skilled at investigating all factors involved and countering unfair claims made by opposing parties.

Steps to Take Immediately After a Fatal Motorcycle Accident in Dallas

Acting quickly after a fatal accident can protect your family’s rights. Here’s what to do:

• Call the police so an official report is filed.
• If you’re at the scene, do not disturb evidence.
• Collect contact information for any witnesses.
• Preserve evidence like vehicle data, photos, and crash debris.
• Avoid giving statements to insurance adjusters without legal advice.
• Speak with a wrongful death attorney as soon as possible.

Many families feel overwhelmed and unsure where to turn in the aftermath of a fatal crash. Aaron Genthe and the Genthe Law Firm can help you take these critical first steps and protect your legal rights from day one.

Finding the Right Lawyer for a Dallas Motorcycle Accident Lawsuit

Choose an attorney with specific experience in fatal motorcycle crashes. Ask about their track record, whether they handle wrongful death claims, and if they work on a contingency fee basis (you don’t pay unless you win).

Aaron Genthe has built a strong reputation in Dallas for representing grieving families with compassion and tenacity. The Genthe Law Firm has handled a wide range of fatal accident claims, and they understand both the legal and emotional dimensions of these cases. Their team is committed to fighting for justice and maximizing your compensation.

Frequently Asked Questions

What if the at-fault driver fled the scene and was never identified?

In hit-and-run cases, you may still have options for recovery through uninsured motorist coverage or a claim with the Crime Victims’ Compensation Program in Texas.

Can we still file a lawsuit if my loved one wasn’t wearing a helmet?

Yes. While not wearing a helmet may impact the outcome, it does not automatically bar a wrongful death claim. The court may consider comparative fault when determining compensation.

What happens if the person responsible for the crash died too?

You may still bring a claim against the deceased driver’s estate. This can include any liability insurance or assets they left behind.

Can I sue the motorcycle manufacturer if the accident was caused by a mechanical failure?

Potentially. If a defective part or design flaw contributed to the crash, a product liability claim may be possible alongside or instead of a traditional wrongful death lawsuit.

How is a wrongful death claim different from a survival action?

A wrongful death claim compensates family members for their losses. A survival action, on the other hand, is brought by the estate to recover damages the deceased could have claimed if they had lived.

Can multiple relatives file one lawsuit together?

Yes, eligible family members can join in one wrongful death lawsuit.

What’s the average timeline for a Dallas motorcycle accident lawsuit?

These cases often take several months to over a year, depending on complexity and whether it settles or goes to trial. Having a responsive, diligent attorney can help move things along efficiently.

Are damages capped in wrongful death cases in Texas?

There are no general caps, except in medical malpractice cases where limits apply under specific statutes.

Can you sue if the at-fault driver had no insurance?

Yes, but recovery may be more challenging. Your attorney can explore other sources like uninsured motorist coverage, third-party liability, or personal injury protection.

Protect Your Family’s Rights After a Dallas Motorcycle Fatality

Losing a loved one in a motorcycle crash is devastating. But you do have legal options. Filing a Dallas motorcycle accident lawsuit can help your family pursue justice and ease the financial burden.

Call the Genthe Law Firm today at (214) 957-0898 to speak directly with attorney Aaron Genthe. Get the support and guidance you need for your Dallas crash accident lawsuit.