Motorcycles offer a sense of freedom and excitement that few other vehicles can match. Unfortunately, they also come with a higher risk of severe injury or death in the event of an accident. In Alberta, fatal motorcycle accidents are all too common, and the aftermath is devastating for the loved ones left behind.
When a motorcyclist dies as a result of someone else’s negligence, their family may be entitled to bring a wrongful death claim. This type of legal action can help surviving family members seek financial compensation for the loss of their loved one. Although no amount of money can truly compensate for such a profound loss, a wrongful death claim can provide much-needed financial relief and a sense of justice.
This blog explains how wrongful death claims work in Alberta, who can file one, what types of compensation may be available, and how a personal injury lawyer can help you through this difficult time.
Motorcycle Fatalities in Alberta: A Harsh Reality
Motorcycle fatalities in Alberta have remained a significant concern for public safety officials. Despite improved awareness campaigns and safety regulations, motorcyclists continue to be disproportionately affected by fatal accidents. According to Alberta Transportation statistics, motorcyclists are roughly five times more likely to be killed in a collision than occupants of passenger vehicles.
The reasons are often related to motorcyclists’ inherent vulnerabilities—lack of physical protection, lower visibility, and greater exposure to road hazards. Many of these fatal accidents are caused by the negligence of other drivers who fail to yield, drive distracted, or misjudge the speed or distance of an approaching motorcycle.
When such negligence results in a rider’s death, Alberta law provides a legal avenue for surviving family members to hold the at-fault party accountable.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of legal action brought when a person dies due to the wrongful act, neglect, or default of another person or entity. In Alberta, these claims are governed by the Fatal Accidents Act, which outlines who may bring a claim and what compensation may be pursued.
In the context of a motorcycle accident, a wrongful death claim might be filed against:
- A negligent driver who caused the collision,
- The manufacturer of a defective motorcycle or safety gear, or
- A government entity responsible for unsafe road conditions.
The purpose of the claim is to compensate surviving family members for the financial and emotional impact of losing a loved one, not to punish the responsible party (though separate criminal charges may also apply).
Who Can File a Wrongful Death Claim in Alberta?
Under Alberta’s Fatal Accidents Act, not just anyone can file a wrongful death claim. The law restricts eligibility to specific close relatives of the deceased, including:
- Spouse or adult interdependent partner
- Children
- Parents
- Siblings, in some cases (typically if there are no immediate family members)
Only one wrongful death claim may be brought, but it can include claims on behalf of all eligible family members. Typically, one person—often the executor or administrator of the deceased’s estate—initiates the claim and distributes compensation to other eligible relatives according to their losses.
Types of Compensation Available
The damages awarded in a wrongful death claim aim to cover both the financial losses and non-financial suffering experienced by the surviving family members. Compensation may include:
1. Bereavement Damages
Alberta law sets fixed amounts for bereavement damages, which are intended to compensate family members for their grief and emotional pain. As of 2025, the amounts are:
- $82,000 for a spouse or adult interdependent partner
- $82,000 shared equally among surviving parents
- $49,000 for each surviving child
These amounts are set by statute and are not subject to variation based on individual circumstances.
2. Loss of Financial Support
If the deceased motorcyclist was a primary earner or contributed financially to the household, family members may be entitled to compensation for loss of future income and financial support. This includes:
- The deceased’s expected earnings over their working lifetime,
- Pension and retirement benefits that they would have accrued,
- Loss of household services (such as childcare or home maintenance).
Economic experts are often consulted to calculate the future value of these losses.
3. Loss of Companionship and Guidance
Surviving spouses, children, and even parents may receive compensation for the loss of companionship, guidance, and care they would have received from the deceased. This type of damage is not as easily quantified as financial losses, but it can be deeply significant in the lives of those left behind.
4. Funeral and Burial Costs
Funeral and burial expenses are often reimbursed in wrongful death claims. These can include:
- Funeral home fees,
- Cremation or burial costs,
- Travel costs for immediate family attending the service.
Keeping receipts and records of these expenses is crucial for reimbursement.
Proving Fault in a Fatal Motorcycle Accident
To succeed in a wrongful death claim, the family must demonstrate that the death was caused by another party’s negligence or wrongful act. This typically involves proving four key elements:
- Duty of Care – The defendant owed the deceased a duty to drive safely and follow traffic laws.
- Breach of Duty – The defendant failed to meet that standard of care (e.g., by speeding or running a red light).
- Causation – The breach directly caused the accident and the resulting death.
- Damages – The family has suffered measurable losses as a result.
Police reports, witness statements, accident reconstruction experts, and medical records all play a vital role in establishing liability.
Time Limits for Filing a Claim
In Alberta, wrongful death claims must generally be filed within two years of the date of the accident. This is known as the limitation period, and missing this deadline can bar your right to seek compensation entirely.
However, there may be exceptions in certain cases, such as when the deceased’s identity is unknown or in cases involving minors. It’s essential to consult with a personal injury lawyer as soon as possible to ensure your claim is filed on time.
The Role of a Personal Injury Lawyer
Navigating a wrongful death claim while grieving the loss of a loved one is an incredibly difficult task. A personal injury lawyer can provide support and guidance through every step of the process, including:
- Investigating the accident and gathering evidence,
- Identifying liable parties and applicable insurance coverage,
- Calculating damages and building a strong case for compensation,
- Negotiating with insurance companies on your behalf,
- Representing you in court if a fair settlement cannot be reached.
Having legal representation ensures your rights are protected and allows you to focus on healing and supporting your family.
Dealing with Insurance Companies
In most wrongful death claims involving fatal motorcycle accidents, the defendant’s automobile insurance will be the primary source of compensation. Unfortunately, insurance companies often try to minimize payouts by disputing fault, undervaluing damages, or delaying the process.
Your lawyer can handle communications with insurers, push back against lowball settlement offers, and ensure that all potential sources of compensation, such as underinsured motorist coverage or accident benefits, are explored.
Coping with Grief and Seeking Support
While legal action is important for securing financial stability, it’s equally important to prioritize your emotional well-being after a tragic loss. Alberta offers a variety of resources for grieving families, including:
- Grief counselling services,
- Support groups for families of accident victims,
- Mental health services covered under provincial healthcare,
- Community organizations focused on road safety and victim advocacy.
Final Thoughts: Finding Justice and Support After a Tragic Loss
Losing a loved one in a motorcycle accident is a heartbreaking and life-altering event. If someone else’s negligence caused the accident, Alberta law gives families the right to pursue justice through a wrongful death claim.
While financial compensation can never replace the person you’ve lost, it can ease the burden of funeral expenses, lost income, and other hardships. More importantly, holding the responsible party accountable can offer a measure of closure and help prevent similar tragedies from happening in the future.
Experienced Alberta Motorcycle Accident Lawyers Helping You With Your Wrongful Death Claim
If your family has suffered the loss of a loved one in a motorcycle accident, don’t face the legal process alone. The compassionate and experienced Alberta personal injury lawyers at Cuming & Gillespe LLP can help you understand your options and fight for the compensation your family deserves. Call us at 403-571-0555 or contact us online to book an appointment today for a free consultation to see how we can help.