Justice for Pedestrians: Filing a Wrongful Death Lawsuit After a Fatal Accident

The sudden loss of a loved one is always a tragedy, but it’s especially heartbreaking when it occurs due to a preventable accident. Sadly, pedestrian fatalities remain a persistent problem. In 2023, 7,314 pedestrians died in traffic crashes, accounting for 18% of all crash fatalities. When a pedestrian is killed due to someone else’s negligence, the surviving family members may have grounds to file a wrongful death lawsuit. This legal action seeks to hold the responsible party accountable and recover compensation for the immense losses suffered.

This blog post will walk you through the process of seeking justice for pedestrians by filing a wrongful death lawsuit after a fatal accident. We’ll explain the key elements of such a case, potential damages, and important considerations for families navigating this difficult time.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by the family of a deceased person against the party whose negligence or wrongful act caused their death. It is important to understand that a wrongful death claim is distinct from any criminal charges that may be filed against the at-fault party. A defendant can be sued for wrongful death in civil court even if they are facing criminal charges over the same incident.

In the context of pedestrian accidents, a wrongful death lawsuit typically arises when a driver’s carelessness results in a pedestrian’s death. This could include instances of:

Distracted driving
Drunk or drugged driving
Speeding
Failure to yield the right-of-way
Running red lights or stop signs
Defective auto parts
Poorly maintained roads

Who Can File a Wrongful Death Lawsuit?

State laws dictate who is eligible to file a wrongful death lawsuit. Generally, the following individuals may have the right to bring a claim:

Surviving spouse
Children
Parents
Personal representative or executor of the deceased’s estate

It’s crucial to consult with an attorney to determine who has the legal standing to file a lawsuit in your specific jurisdiction, as some states have specific rules about who can file and in what order of priority.

Elements of a Wrongful Death Claim

To successfully pursue a wrongful death claim, certain elements must be proven:

Duty of Care: The defendant (the person or entity being sued) owed a duty of care to the deceased. This means they had a legal obligation to act reasonably to prevent harm. For example, drivers have a duty to operate their vehicles safely and obey traffic laws to avoid endangering pedestrians.
Breach of Duty: The defendant breached their duty of care through negligence or a wrongful act. Examples include speeding, distracted driving, or failing to maintain their vehicle properly.
Causation: The defendant’s breach of duty directly caused the pedestrian’s death. There must be a clear link between the negligent act and the fatal injuries.
Damages: The death resulted in quantifiable damages to the surviving family members. These damages can include economic losses, such as funeral expenses and lost income, as well as non-economic losses like pain and suffering.

Types of Damages Recoverable in a Pedestrian Wrongful Death Case

If a wrongful death claim is successful, the family may be entitled to various types of compensation, including:

Economic Damages:
- Lost Income and Benefits: Compensation for the income and benefits the deceased would have earned had they lived.
- Funeral and Burial Expenses: Reimbursement for the costs associated with the funeral and burial.
- Medical Expenses: Recovery of medical bills incurred before the deceased’s death due to the accident.
- Loss of Inheritance: Compensation for the inheritance the survivors would have received.
Non-Economic Damages:
- Loss of Consortium and Companionship: Compensation for the loss of love, companionship, affection, and emotional support.
- Pain and Suffering: Compensation for the emotional distress and mental anguish suffered by the surviving family members.
- Loss of Guidance and Support: Compensation for the loss of the deceased’s guidance, care, and nurturing.
Punitive Damages: In some cases, punitive damages may be awarded if the defendant’s conduct was particularly egregious or reckless.

The amount of compensation awarded in a wrongful death case varies significantly depending on the specific circumstances, including the deceased’s age, earning potential, the nature of the negligence, and the jurisdiction.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a wrongful death lawsuit. The statute of limitations varies by state, typically ranging from one to three years from the date of death. Missing this deadline means forfeiting the right to sue, so it’s essential to consult with an attorney as soon as possible to protect your legal rights.

The Role of an Attorney

Filing a wrongful death lawsuit can be a complex and emotionally draining process. An experienced personal injury attorney specializing in pedestrian accidents can provide invaluable assistance by:

Investigating the accident and gathering evidence to support your claim
Identifying all potentially liable parties
Calculating the full extent of your damages
Negotiating with insurance companies
Filing a lawsuit and representing you in court
Providing compassionate support and guidance throughout the legal process

Factors Affecting the Claim

Several factors can affect the outcome of a wrongful death claim, including:

Comparative Negligence: Some states follow comparative negligence rules, which means that the deceased’s own negligence, if any, may reduce the amount of compensation the family can recover. If the pedestrian is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. In some states, if the pedestrian is found to be more than 50% at fault, they may not be able to recover any damages.
Insurance Coverage: The amount of available insurance coverage can also impact the potential recovery. If the at-fault driver has minimal insurance or is uninsured, it may be more challenging to obtain full compensation.
Strength of Evidence: A strong case requires compelling evidence to prove negligence and causation. This may include police reports, witness statements, traffic camera footage, and expert testimony.

Seeking Justice and Closure

Losing a loved one in a pedestrian accident is a devastating experience. While no amount of money can ever replace a human life, filing a wrongful death lawsuit can provide financial security for the future and help bring a sense of justice and closure to the grieving family. By holding the responsible party accountable, you can help prevent similar tragedies from happening to others.

If you have lost a loved one in a pedestrian accident, it is essential to seek legal advice from an experienced attorney as soon as possible. They can evaluate your case, explain your rights, and guide you through the process of pursuing a wrongful death claim.