When a Pedestrian Accident Becomes a Wrongful Death Claim

The sudden loss of a loved one is always a tragedy, but it’s especially devastating when it occurs due to a pedestrian accident. In 2023, 7,314 pedestrians were killed in car accidents in the U.S. When negligence or recklessness leads to such a fatality, the legal avenue for seeking justice is often a wrongful death claim. Understanding when a pedestrian accident becomes a wrongful death claim is crucial for families navigating this difficult time.

Defining a Wrongful Death Claim in a Pedestrian Accident

A wrongful death claim arises when someone dies due to the negligence, carelessness, or wrongful act of another party. In the context of a pedestrian accident, this means the pedestrian’s death was caused by a driver’s actions (or inactions) that breached their duty of care. This duty of care obligates drivers to operate their vehicles safely and be mindful of pedestrians, especially in areas like crosswalks and intersections.

For example, if a driver is texting while driving and hits a pedestrian who dies as a result, the driver’s negligence could form the basis of a wrongful death claim. Similarly, if a municipality fails to maintain safe road conditions, such as adequate lighting or clear crosswalks, their negligence could also contribute to a wrongful death claim.

Key Elements of a Pedestrian Wrongful Death Claim

To successfully pursue a wrongful death claim stemming from a pedestrian accident, several elements must be established:

Duty of Care: The at-fault party (usually the driver) owed a duty of care to the pedestrian. This is generally easy to prove, as all drivers have a legal obligation to operate their vehicles safely and follow traffic laws.
Breach of Duty: The at-fault party breached their duty of care through negligence or a wrongful act. Examples include:
- Speeding
- Distracted driving (texting, talking on the phone)
- Driving under the influence of alcohol or drugs
- Failing to yield the right of way at a crosswalk
- Running a red light or stop sign
Causation: There must be a direct link between the breach of duty and the pedestrian’s death. In other words, the driver’s negligence must be the direct cause of the accident and the resulting fatality.
Damages: The surviving family members must have suffered damages as a result of the pedestrian’s death. These damages can include:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and benefits the deceased would have earned
- Loss of companionship, love, and guidance
- Emotional suffering and mental anguish

Common Causes of Pedestrian Wrongful Death Accidents

Several factors frequently contribute to pedestrian accidents that result in wrongful death claims:

Driver Negligence: This is the most common cause, encompassing a range of unsafe driving behaviors. Examples include speeding, distracted driving, drunk driving, and failure to yield.
Unsafe Road Conditions: Poor lighting, inadequate crosswalks, missing signage, and poorly maintained roads can all create hazardous conditions for pedestrians.
Vehicle Defects: In rare cases, a defect in the vehicle itself (e.g., faulty brakes) may contribute to the accident.
Pedestrian Error: While the focus is often on driver negligence, pedestrians can also contribute to accidents through actions like jaywalking or crossing against traffic signals. However, even if the pedestrian was partially at fault, it doesn’t necessarily negate a wrongful death claim (more on this below).

Proving Negligence in a Pedestrian Wrongful Death Claim

Establishing negligence is crucial to the success of a wrongful death claim. Evidence that can be used to prove negligence includes:

Police Reports: These reports contain valuable information about the accident, including the officer’s assessment of fault, witness statements, and citations issued.
Witness Testimony: Eyewitness accounts can provide crucial details about how the accident occurred.
Traffic Camera Footage: Surveillance or traffic camera footage can provide a visual record of the accident.
Accident Reconstruction Analysis: Experts can reconstruct the accident to determine the sequence of events and identify contributing factors.
Medical Records: These records document the pedestrian’s injuries and can help establish the cause of death.
Cell Phone Records: If distracted driving is suspected, cell phone records can be subpoenaed to determine if the driver was texting or calling at the time of the accident.

Common Defenses in Pedestrian Wrongful Death Claims

Defendants (usually the driver or their insurance company) may raise several defenses to try to avoid liability in a pedestrian wrongful death claim:

Contributory Negligence: The defendant may argue that the pedestrian was partially at fault for the accident (e.g., jaywalking, crossing against a traffic signal). In many jurisdictions, this can reduce the amount of compensation awarded, depending on the degree of the pedestrian’s fault.
Assumption of Risk: The defendant may argue that the pedestrian knowingly entered a dangerous situation and assumed the risk of injury. This defense is less common in pedestrian accident cases.
“Sudden Emergency” Doctrine: The defendant may argue that they were faced with a sudden and unexpected emergency (e.g., a pedestrian darting out into traffic) and did not have time to react.
Lack of Evidence: The defendant may argue that there is insufficient evidence to prove negligence or causation.

Damages Recoverable in a Pedestrian Wrongful Death Claim

If a wrongful death claim is successful, the surviving family members may be entitled to recover various types of damages:

Economic Damages: These are tangible losses that can be easily calculated, such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and benefits the deceased would have earned over their lifetime
- Loss of inheritance
Non-Economic Damages: These are more subjective losses that are intended to compensate for the emotional and personal impact of the death, such as:
- Loss of companionship, love, and affection
- Loss of parental guidance and support
- Emotional suffering and mental anguish
Punitive Damages: In some cases, punitive damages may be awarded if the driver’s conduct was particularly egregious (e.g., drunk driving or reckless behavior). These damages are intended to punish the defendant and deter similar conduct in the future.

The Importance of Legal Representation

Navigating a wrongful death claim can be a complex and emotionally draining process. It’s crucial to seek the guidance of an experienced attorney who specializes in pedestrian accident cases. An attorney can:

Investigate the accident and gather evidence to support your claim
Negotiate with the insurance company on your behalf
File a wrongful death lawsuit and represent you in court, if necessary
Help you understand your legal rights and options
Maximize the compensation you receive

Statute of Limitations

It’s important to be aware of the statute of limitations for filing a wrongful death claim, which varies by state. In many states, the statute of limitations is two years from the date of death. Missing this deadline can bar you from pursuing a claim.

Seeking Justice and Closure

Losing a loved one in a pedestrian accident is a tragedy that can have lasting consequences. While no amount of money can ever replace a human life, a wrongful death claim can provide financial support and a sense of justice for the surviving family members. By understanding when a pedestrian accident becomes a wrongful death claim and seeking the guidance of an experienced attorney, families can navigate the legal process and pursue the compensation they deserve.