Police are determining if they will bring charges against the driver of a vehicle that recently crashed into a motorcycle, killing the driver of the motorcycle and critically injuring his passenger. The motorcycle passenger, the motorcycle driver’s wife, was taken by Life Flight helicopter to UMass Memorial Medical Center University Campus in Worcester. The surviving victim was critically injured with injuries to her face and leg. The vehicle, police believe, left the road it was traveling on and struck the motorcycle broadside. Accident reconstruction is being performed and the possibility that a stop sign was run in the accident may be likely.

The catastrophic injuries that can result from a motorcycle accident can be devastating to a motorcycle accident victim. Worse yet, the loss of life that can result from a fatal motorcycle crash can be overwhelming to families of victims. Both motorcycle accident victims and their families have recourse following a motorcycle accident that has caused serious injuries, such as head and brain injuries, permanent disability or death.

The liability of the negligent party is based on the amount of care the party exercised and if the failure to exercise adequate care caused the victim’s injuries or death. A wrongful death lawsuit is the type of lawsuit brought after a person has died because of the negligent actions of another. A wrongful death cause of action, however, is simply a personal injury lawsuit similar to one an injured victim would bring. Damages are available to the victims and the victim’s family in both cases. If the negligent driver was cited or charged with a crime in relation to the accident, this will usually serve as proof of negligence when presented by the victim or victim’s family.

Source: Telegram.com, “Spencer police probe fatal motorcycle crash,” Kim Ring, Aug. 4, 2013