Dirt Bike Fatalities in Boynton Beach: Can I File a Wrongful Death Claim?

After a Boynton Beach dirt bike accident, a wrongful death claim may be possible if you can establish someone else was to blame. Even if your loved one was partially responsible for their own fatal accident, a claim may still be possible. Discuss your options with an experienced dirt bike accident lawyer in Boynton Beach.

Was Another Driver Involved in the Crash?

The first thing you need to ask yourself is whether the accident involved another vehicle. If it was a single-vehicle accident (your loved one crashed with no one else on the road), it may be more challenging to sue. As long as you can prove that another driver was partially responsible for the fatal accident, you can theoretically hold them accountable for your loved one’s death.

That being said, Florida follows a modified comparative negligence system that prohibits legal action if your loved one was more than 50 percent responsible for their own death. If your loved one violated traffic laws or operated their dirt bike in a prohibited area, the other side might try to argue that they were mostly to blame for their own death. Of course, your lawyer can push back against these arguments in various ways.

Where Did the Accident Occur?

The specific location of the crash may also become highly relevant if you’re considering a wrongful death claim. A dirt path dedicated to off-road vehicles is subject to different rules compared to a public highway. If your loved one was operating their dirt bike legally on a public road, it may be easier to pursue compensation simply because of the presence of other insured vehicles.

Nearby vehicles may have contributed to the fatality in subtle ways. Even if another driver contributed just 15 percent to the accident, this may still allow your family to sue them for a certain degree of compensation. Note that your loved one must have been less than 51 percent responsible for their crash for this to be possible. The only downside is the fact that the “payout” would be reduced by 85 percent in this scenario.

What if the Dirt Bike Accident Was Caused by Another Dirt Biker on a Dirt Path?

If the dirt bike accident was caused by another dirt biker on a dirt path outside of a public road, it is still theoretically possible to pursue compensation. However, the major challenge in this situation is the potential lack of insurance coverage. Standard auto insurance does not cover “off-roading,” instead applying specifically to vehicles on public roads.

As a result, your pathway toward compensation depends on whether the at-fault dirt biker obtained additional, specialized insurance for off-roading accidents. If this is the case, their policy should provide a way for your family to pay for funeral expenses, missed future earnings, and other damages. The only other option is to pursue the personal assets of an at-fault dirt biker.

Can a Boynton Beach Dirt Bike Accident Lawyer Help Me?

A Boynton Beach dirt bike accident lawyer may be able to help if you’re trying to figure out whether a wrongful death lawsuit is possible. While dirt bike accidents are all too common, riders are not always responsible for their own deaths. Consider discussing this subject further alongside Steinberg Law.