Rancho Cucamonga Accident: What are the Legal Options After a Pedestrian Fatality?

The heartbreaking loss of a loved one in a pedestrian accident leaves families grappling with immense grief and uncertainty. In Rancho Cucamonga, where busy streets and intersections can pose risks to pedestrians, understanding your legal options after a pedestrian fatality is crucial. This blog post aims to provide guidance on navigating the legal landscape and pursuing justice for your family.

The Prevalence of Pedestrian Accidents

Across the nation, pedestrian fatalities are a growing concern. In California, the numbers are particularly alarming. According to the Governors Highway Safety Association, California has a pedestrian fatality rate that is at least 24% above the national average. In 2023 alone, 1,057 pedestrians were killed by vehicles in California. While Rancho Cucamonga is considered a relatively safe city to drive in, pedestrian accidents do occur. In 2021, 15% of car accident victims were pedestrians or bicyclists.

Determining Liability in a Pedestrian Fatality

Following a pedestrian fatality, a thorough investigation is essential to determine who was at fault. In California, drivers have a “duty of care” to pedestrians, meaning they must exercise caution and take steps to avoid hitting them, even if the pedestrian is not in a crosswalk. However, pedestrians also have a responsibility to follow traffic laws and exercise reasonable care for their own safety.

Driver Negligence: A driver may be held liable for a pedestrian accident if they were negligent, such as by:

Speeding or reckless driving
Distracted driving (e.g., using a cell phone)
Driving under the influence of alcohol or drugs
Failing to yield the right of way at a crosswalk
Disobeying traffic signals

Pedestrian Negligence: While drivers have a responsibility to be cautious, pedestrians can also be at fault if they acted negligently, such as by:

Jaywalking or crossing outside of crosswalks
Ignoring traffic signals
Walking under the influence of alcohol or drugs
Suddenly entering the roadway without looking

Comparative Negligence: California follows a “pure comparative negligence” rule. This means that even if the pedestrian was partially at fault for the accident, they can still recover damages, but their compensation will be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault, they can still recover 80% of the damages.

Legal Options After a Pedestrian Fatality

If a pedestrian is killed due to the negligence of another party, the family may have the right to pursue the following legal actions:

Wrongful Death Lawsuit: A wrongful death lawsuit seeks to compensate the family for the losses they have suffered as a result of the death, including:

Funeral and burial expenses
Loss of the deceased’s income and support
Loss of companionship, love, and emotional support
Medical expenses incurred prior to death

In California, certain family members are eligible to file a wrongful death claim, including:

The deceased’s spouse or domestic partner
The deceased’s children
The deceased’s grandchildren (if the deceased’s children are also deceased)
If there are no surviving family members in these categories, the right to file a claim may extend to other relatives, such as parents or siblings.

Survival Action: In addition to a wrongful death claim, the deceased’s estate may also be able to bring a “survival action.” This type of claim seeks to recover damages that the deceased suffered between the time of the injury and their death, such as:

Medical expenses
Pain and suffering
Lost wages

Statute of Limitations: It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In California, the statute of limitations for wrongful death claims is generally two years from the date of death. However, there may be exceptions to this rule, so it’s essential to consult with an attorney as soon as possible.

The Role of a Rancho Cucamonga Personal Injury Attorney

Navigating the legal process after a pedestrian fatality can be overwhelming. A Rancho Cucamonga personal injury attorney can provide invaluable assistance by:

Conducting a thorough investigation of the accident
Gathering evidence to support your claim
Identifying all responsible parties
Negotiating with insurance companies
Filing a lawsuit and representing you in court, if necessary
Advising you on your legal rights and options

Seeking Justice and Compensation

Losing a loved one in a pedestrian accident is a tragedy that no family should have to endure. While no amount of money can replace the loss, pursuing legal action can help provide financial security and a sense of justice. By understanding your legal options and working with an experienced Rancho Cucamonga personal injury attorney, you can protect your rights and seek the compensation your family deserves.

If you have lost a loved one in a pedestrian accident in Rancho Cucamonga, contact a personal injury attorney today for a free consultation to discuss your case and explore your legal options.