Wrongful Death Claims After Pedestrian Accidents: What Families Need to Know

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 2021, 7,388 pedestrians were killed in traffic crashes in the United States, a 12.5% increase from 2020, marking the highest number since 1981. When such accidents are caused by someone else’s negligence, surviving family members may have the right to file a wrongful death claim. This legal avenue allows families to seek compensation for their losses and hold the responsible parties accountable.

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought by the family of a deceased person against the party whose negligence or misconduct caused their death. In the context of pedestrian accidents, these claims typically arise when a driver’s actions – such as speeding, distracted driving, or failure to yield – result in a fatal collision.

Key Elements of a Wrongful Death Claim

To successfully pursue a wrongful death claim, several elements must be established:

Duty of Care: The at-fault party had a legal obligation to exercise reasonable care to avoid causing harm to others. Drivers, for example, have a duty to obey traffic laws and operate their vehicles safely.
Breach of Duty: The at-fault party violated their duty of care through negligence or misconduct. Examples include drunk driving, texting while driving, or running a red light.
Causation: The at-fault party’s breach of duty directly caused the pedestrian’s death.
Damages: The surviving family members have suffered quantifiable losses as a result of the death.

Who Can File a Wrongful Death Claim?

State laws vary, but generally, the following individuals have the right to file a wrongful death claim:

The deceased person’s spouse
Children
Parents
In some cases, siblings or other dependents

Many states require the claim to be filed by the personal representative of the deceased’s estate.

Common Causes of Pedestrian Accidents

Several factors can contribute to pedestrian accidents, often involving driver negligence:

Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted may fail to see pedestrians in their path.
Drunk Driving: Alcohol impairs judgment and reaction time, increasing the risk of accidents.
Speeding: Drivers exceeding the speed limit have less time to react to unexpected situations, such as a pedestrian crossing the street.
Failure to Yield: Drivers must yield the right-of-way to pedestrians in crosswalks and intersections.
Poor Visibility: Accidents are more likely to occur at night or in adverse weather conditions when visibility is limited. According to the National Highway Traffic Safety Administration (NHTSA), 76% of pedestrian fatalities occurred in the dark.

Steps to Take After a Fatal Pedestrian Accident

If you believe you have grounds for a wrongful death claim, here are the general steps to take:

Consult with an Attorney: An experienced wrongful death attorney can evaluate your case, explain your legal options, and guide you through the claims process.
Gather Evidence: Collect all relevant information related to the accident, including police reports, witness statements, medical records, and photographs of the scene.
Identify All Potential Negligent Parties and Insurance: Determine all parties who contributed to the fatality and their insurance companies.
File a Claim: Your attorney will help you file a formal claim with the appropriate insurance companies, demanding compensation for your losses.
Negotiate a Settlement: The insurance company may offer a settlement, which your attorney can help you negotiate to ensure it adequately covers your damages.
File a Lawsuit: If a fair settlement cannot be reached, your attorney can file a wrongful death lawsuit to pursue your case in court.

Compensation in a Wrongful Death Claim

While no amount of money can replace a loved one, a wrongful death claim can provide financial support to help families cope with the economic and emotional consequences of their loss. Compensatory damages may include:

Medical Expenses: Costs associated with the deceased’s medical treatment prior to their death.
Funeral and Burial Costs: Expenses related to the funeral, burial, or cremation.
Lost Income: The income the deceased would have earned over their lifetime.
Loss of Consortium: Compensation for the loss of companionship, love, and support.
Pain and Suffering: Damages for the emotional distress and grief suffered by surviving family members.
Lost Inheritance: Compensation for the loss of potential inheritance.

In some cases, punitive damages may also be awarded to punish the at-fault party for egregious conduct.

Factors Affecting Settlement Amounts

The amount of compensation awarded in a wrongful death claim can vary widely depending on several factors:

The Deceased’s Age and Earning Capacity: Younger individuals with higher earning potential may warrant larger settlements.
The Nature of the Accident: More egregious acts of negligence may result in higher payouts.
The Strength of the Evidence: A strong case with clear evidence of fault is more likely to result in a favorable settlement or verdict.
Insurance Coverage: The amount of insurance coverage available can impact the potential recovery.
State Laws: State laws regarding wrongful death claims and damages can also influence settlement amounts.

Settlement amounts can range from thousands of dollars to millions.

The Importance of Legal Representation

Navigating a wrongful death claim can be complex and emotionally challenging. An experienced attorney can provide invaluable assistance by:

Investigating the accident and gathering evidence
Identifying all potential sources of compensation
Negotiating with insurance companies
Filing a lawsuit and representing you in court
Maximizing your potential recovery

Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a wrongful death lawsuit. In many states, the statute of limitations is typically two to three years from the date of death. Missing this deadline could mean forfeiting your right to seek compensation.

Conclusion

Losing a loved one in a pedestrian accident is a heartbreaking experience. While a wrongful death claim cannot undo the tragedy, it can provide families with financial support and a sense of justice. If you have lost a loved one in a pedestrian accident, consulting with an experienced attorney is crucial to understand your rights and explore your legal options.