Lawsuits for Wrongful Death Resulting from Fatal Car-Pedestrian Collisions
In the tragic event of a pedestrian accident, the surviving family may have the right to seek compensation for various losses through a wrongful death lawsuit. This legal action holds a driver accountable for causing a death through careless or unlawful behavior.
To successfully pursue a wrongful death lawsuit, four essential legal elements must be proven: duty of care, breach of duty, causation, and damages.
The driver owes a legal obligation to operate their vehicle safely around pedestrians (duty of care). A breach of this duty can occur through negligent conduct such as speeding, distracted driving, or failing to yield. If this breach directly causes the pedestrian’s death, it establishes causation. The death, in turn, causes measurable harm to surviving family members, such as loss of income or companionship, which constitutes damages.
Common causes of fatal pedestrian accidents include failure to yield to pedestrians, especially in crosswalks, distracted driving, speeding or reckless driving near pedestrian areas, impaired or fatigued driving, and defective vehicle conditions or hazardous road design contributing to accidents.
Family members or the deceased’s estate are generally eligible to file wrongful death claims, seeking compensation for economic and non-economic losses arising from the pedestrian’s death. These losses can include medical bills related to the pedestrian's final care, funeral and burial expenses, loss of income and future earnings the deceased would have provided, pain and suffering experienced by the survivors, and loss of companionship, guidance, and support.
Each state has laws that determine who can file a wrongful death claim, with immediate family members given priority, including spouses, children, parents of a deceased minor child, and in some cases, siblings or other dependents. If no qualifying family members are available or willing to file, a personal representative of the deceased person's estate may bring the claim on behalf of the beneficiaries.
Moreover, if the driver acted with extreme negligence, such as drunk driving, the surviving family may be eligible for punitive damages.
It is crucial to note that each state has a statute of limitations, typically ranging from one to three years, for filing wrongful death lawsuits after the date of death. Some exceptions may apply.
In conclusion, a wrongful death lawsuit is a legal action brought by the family or estate of a person who died due to the negligent, reckless, or intentional actions of another party. It serves as a means for the surviving family to seek justice and financial compensation for their losses.
- The death of a pedestrian in a car accident, caused by the driver's careless or unlawful behavior, might be considered a personal injury case, as it could lead to a wrongful death lawsuit.
- Pursuing a wrongful death lawsuit requires proving four elements: duty of care, breach of duty, causation, and damages, with the driver's failure to safely operate their vehicle around pedestrians (duty of care), for example, through speeding or distracted driving, constituting a breach of duty.
- General news often covers stories about fatal pedestrian accidents, highlighting the various medical-conditions and health-and-wellness consequences that surviving family members may face, such as loss of income, funeral expenses, pain and suffering, and loss of companionship.
