A man riding a motorcycle was killed during a collision that left him pinned under the car that struck him. According to police reports, the fatal motorcycle accident took place at about 9:50 p.m. on Friday, October 20th.
What steps do I take after losing a loved one in a fatal motorcycle accident?
Norfolk resident 30-year-old Cody N. Lucas was riding his motorcycle in the area of Omaha Avenue and 13th Street when he was hit by a motorist who ran a red light. Lucas died at the scene.
The other driver, 60-year-old Kimberly K. Gardner, a resident of Pierce, was cited on suspicion of misdemeanor vehicular homicide.
No additional information has been made available at this time.
An experienced motorcyclist knows the importance of wearing protective gear, such as a helmet and being aware of their surroundings. Unfortunately, even the most conscientious biker cannot always accurately anticipate or predict what another driver is going to do. Since a motorcycle provides virtually no protection to the rider, even a minor accident could be the source of a potential wrongful death claim.
If you lost a loved one in a motorcycle accident caused by someone else’s negligence, contact the Virginia Beach wrongful death attorneys at Shapiro, Washburn & Sharp for a free case review. Find out what legal action we recommend for your circumstances.
Virginia Fatal Motorcycle Accident Statistics
Fatal motorcycle accidents are a major problem in Virginia. For every mile traveled, motorcyclists are 16 times more likely to be killed in an accident than the occupants of a passenger vehicle. In fact, while only 20% of car accidents result in death or injury, that figure jumps to 80% when a motorcycle is involved. Other alarming statistics include:
- 113 people died in Virginia motorcycle accidents in 2022.
- Between 2021 and 2022, fatal motorcycle accidents increased by 18%.
- Over the past five years, fatal motorcycle accidents in Virginia have increased by 42%.
- The leading causes of motorcycle fatalities are speed and tailgating.
- 59% of all fatal motorcycle crashes involved at least one other vehicle.
Who Can File a Wrongful Death Lawsuit After a Fatal Motorcycle Accident in Virginia?
In Virginia, a wrongful death lawsuit may only be filed by the personal representative or executor of the deceased’s estate on behalf of certain surviving relatives, including:
- A surviving spouse, child, or grandchild of the deceased
- A surviving sibling or parent
- A family member who was financially dependent on the deceased
- Another surviving family member who is eligible to inherit
In Virginia, the statute of limitations for a wrongful death lawsuit is two years from the day the victim died. If this deadline lapses before a lawsuit is filed, beneficiaries can lose their right to financial compensation.
What Damages Are Recoverable in a Virginia Wrongful Death Claim?
Although no two wrongful death cases are exactly alike, some damages that are commonly recoverable include:
- Funeral, and burial expenses
- Lost wages and other household contributions provided by the deceased
- Medical bills accrued by the deceased
- Pain and suffering
- In rare cases, punitive damages might be awarded. Unlike other damages, punitive damages are not intended to compensate the victim’s family but rather to penalize the defendant and discourage others from acting in the same manner.
Compensation is not necessarily divided equally between the beneficiaries. Instead, the court considers each beneficiary’s relationship with the victim and their degree of financial dependence before dispersing compensation accordingly.
Wrongful Death Attorneys in Virginia
In order to build a strong wrongful death case, it is vital to collect and preserve evidence that proves your family member’s death was wrongful. The experienced Virginia wrongful death attorneys at Shapiro, Washburn & Sharp will have the knowledge and resources necessary to do so.
If you lost a loved one in a fatal motorcycle accident, call our Virginia Beach personal injury firm at (833) 997-1774 to schedule your free consultation.
Related Content
- What are the Categories of Damages and Losses That Can be Recovered in a Virginia Civil Wrongful Death Case?
- How Do I File a Virginia Wrongful Death Claim?
- Wrongful Death Lawyer in Virginia Beach Discusses the Claims Process
- Virginia Wrongful Death Guide