Melrose Law stands by Western North Carolina families who have lost a loved one due to a careless driver’s mistake. After a fatal motorcycle accident, family members are allowed to seek full support from the at-fault driver and the driver’s insurer. Unfortunately, car insurance companies can look to protect their profits rather than come to the aid of victimized loved ones.
We want to ensure families know about all the benefits they should receive and how to seek swift justice after a tragedy. Our Asheville Wrongful Death Attorneys offer a free and confidential case consultation to all relatives. There’s never any obligation for this risk-free, confidential meeting.
Does My Family Need a Lawyer to Earn Support After a Fatal Motorcycle Accident?
If car insurance companies would accept full responsibility for drivers’ mistakes, families could probably file wrongful death claims on their own and get fair treatment. Unfortunately, insurers often work against victims, hoping to limit what families receive at such a difficult time.
Insurance adjusters are well known for trying to blame any accident on a motorcyclist. They’ll try to turn the fault on the deceased, even if an accident report clearly points to someone else. They may also purposely fail to mention all of the benefits that are available to those left behind.
Your Asheville Fatal Motorcycle Accident Lawyer is your protection during the frustrating claims and lawsuit process. Melrose Law would fully investigate your loved one’s accident and collect evidence so that what really happened couldn’t be changed. Then we’d work to secure justice on behalf of your family. That often means securing much more support for families than they could hope to win for themselves.
Who Can File a Wrongful Death Claim in North Carolina?
North Carolina empowers the executor of the deceased’s will to file a wrongful death claim on behalf of family members. This is the person authorized to represent the deceased’s estate in a will.
If a personal representative isn’t assigned in a will, a judge would usually name someone like a spouse, an adult child, or the next of kin as the administrator.
This personal representative would act on behalf of all members of the family who could show they were dependent on the motorcycle accident victim. Parents, siblings, and others might be able to claim a part of the settlement provided by an at-fault driver’s insurance company.
A North Carolina wrongful death lawyer can help an executor hold an insurance company accountable and work for the benefit of the entire family. A lawyer can also work for the benefit of individual members of the family to ensure that fair support is provided to our clients.
Fatal Motorcycle Accident Dangers in Western North Carolina
There are risks for motorcyclists across Buncombe County and WNC. Riders come from across the nation to enjoy the challenge of a ride on Town Mountain or along the Blue Ridge Parkway. Those curves and inclines give riders a workout, but the real danger comes from the mistakes drivers can make when traveling around motorcyclists.
The hazards develop along city streets too, especially along busy routes through Asheville, like Leicester Highway at rush hour. A driver can switch lanes without looking or make a turn in front of an oncoming motorcyclist, causing a life-threatening injury. A traumatic or catastrophic injury can easily claim a life. These tragic results aren’t uncommon in our state.
The NC DOT reports that in 2024, North Carolina recorded at least 193 fatalities due to motorcycle collisions. That was down slightly from 2023 numbers, when there were 202 tragic deaths.
Overall, Buncombe County and Asheville have averaged around 5.4 motorcycle deaths a year over the past five years (2020-2024). The death rates for 2024 and 2023 marked levels not seen since 2019.
What Type of Support Can My Family Receive After a Fatal Motorcycle Accident?
Families can face the news of a tragic crash and be given little time to mourn before massive emergency response bills and funeral costs arise. And these costs are only in the first week or so after the crash. There’s also the financial loss in the future, as the monthly income the motorcyclist would have continued to support the family with is suddenly gone.
Nothing can bring back a precious life, but families must, unfortunately, act to at least hold an at-fault driver financially responsible. This is critical, especially for spouses left behind. Children of the victim shouldn’t have to struggle to get their needs met now or in the future. They should have the money to go to college and to pay for a wedding that a deceased mother or father would have helped with.
An Asheville Fatal Motorcycle Accident Lawyer makes sure family members secure this and other support:
- Money to cover all funeral and burial costs
- Money to completely cover accident response fees and all hospital bills that may have built up while a loved one was still alive
- Reimbursement for any income the family has lost in the present and in the future
- Support for the emotional trauma that family members have had to endure
- Support for the loss of guidance and a sense of security that the deceased can no longer provide
- Support for the life events a loved one can’t be a part of in the years ahead, such as a graduation, a wedding, and the birth of children
- The loss of intimacy suffered by the spouse of the victim
- Expenses of counseling and other mental health services for relatives
Resources for Families Who Lose a Loved One to a Fatal Motorcycle Accident
Families who must prove who was at fault in a fatal accident, and who is financially liable, may need certain official documents to back a wrongful death case. When families have legal representation, they can also allow their lawyers to collect this evidence and request important information.
If you need to secure an accident report or a document from the Chief Medical Examiner, here are some helpful links:
- An accident report from the Asheville Police Department (APD) can be requested online. You can find out more about securing an accident report on our informational page.
- An accident report from the Buncombe County Sheriff’s Department or the NCSHP would also be requested online. We have more information about securing this valuable document here.
- Families may also need a report from the North Carolina Office of the Chief Medical Examiner. Families fill out a request form here.
Mental Health Resources for Grieving Families in Buncombe County
Family members who have lost a cherished member of the family can be left with more than just financial struggles. They struggle emotionally each and every day that follows as they navigate the grieving process.
A wrongful death claim should also include the money to pay for any mental health services family members of all ages require as they try to cope with such an enormous loss.
Those left behind can also seek help with their grief through many national and local organizations. Many of these resources are free and put victims in touch with others who are working through the same tragic circumstances.
GriefShare is a national organization that puts the family members of victims in touch with licensed professionals and others in the community coping with grief. Locally, several churches host monthly grief support groups. Two local churches that hold gatherings include Hill Street Baptist Church and Oakly Baptist Church.
Mission Hospital of Asheville also partners with CarePartners Solace Center at 21 Belvedere Road in South Asheville.
Family members coping with grief can join a variety of specific groups, such as Men’s groups, spouse and partner loss groups, and other focused gatherings.
Contact an Asheville Wrongful Death Motorcycle Accident Attorney
Your Melrose Law lawyer will fully investigate the tragic circumstances that claimed your loved one’s life. We collect all evidence to make sure the blame stays with a careless driver, and an insurance company is put on alert that it will be held fully accountable.
Our lawyers offer free consultations to family members in Asheville, Waynesville, and across Western North Carolina. This informational session is confidential and comes without any obligation.
If your family requires our help to earn more in support, they won’t need to find the money to hire a lawyer. We don’t get paid unless we win your case for you. Then, our attorney’s fee comes out of the settlement check that a car insurance company must provide to you and your family.
