Many of us do not think twice about walking to the park or walking to the store; if the distance is short enough, many of us prefer to walk. Some of us, however, do not have another option. There are a number of risks associated with being a pedestrian. Even if pedestrians do everything in their power to stay safe while they are walking to their destination, they could still suffer harm. More specifically, pedestrians are likely to suffer harm as a direct result of the negligence of drivers on the road.
Victims of pedestrian accidents – which are typically struck by vehicles – are likely to suffer a number of injuries, some of which could be fatal. Some of the injuries that could result from pedestrian accidents include the following: traumatic brain injuries, head injuries (including concussions), spinal cord injuries, fractures, shattered bones, amputations, lacerations, organ damage, internal bleeding, crushing injuries, and road rash, for example. Without a doubt, some of these injuries could be fatal – pedestrians can be killed on impact or lose the fight to their injuries during emergency treatment at hospitals.
Did a member of your family lose his or her life in a pedestrian accident? Whether the death occurred at the scene of the accident or at a local hospital, the death will be devastating regardless. Without a doubt, family members will be distraught – on top of the sudden loss of their loved one, they will have to deal with suddenly having to plan and pay for a funeral.
If the pedestrian accident and the death of your loved one was caused by the negligence of a driver, however, surviving family members could sue. More specifically, they could pursue wrongful death claims. If the claim is successful, surviving family members could be eligible to recover significant compensation – including compensation for funeral expenses.
Are you interested in learning more about your right to pursue a pedestrian accident wrongful death claim? If so, you should seek legal assistance with an experienced wrongful death attorney as soon as possible. If you are interested in learning more about your right to sue for funeral expenses, you should seek legal assistance with the experts at our firm as soon as possible.
Normandie Law Firm is a personal injury law firm with many years of experience handling a variety of claims – including wrongful death claims arising from pedestrian accidents. Our lawyers are ready to provide you with the guidance that you need to sue and recover the compensation to which you are entitled. Our experts can help you recover the compensation that you and your family are owed – including compensation for funeral expenses.
The Causes of Pedestrian Accidents
Pedestrian accidents are often a result of the negligent actions of drivers on the road. Pedestrian accidents can be associated with the following reckless or negligent actions:
- Driving higher than the speed limit
- Driving while under the influence of drugs or alcohol
- Driving distracted (using mobile devices, or doing anything that makes drivers stop focusing on the road)
- Driving recklessly without disregard for others (doing things like turning without checking for pedestrians, turning too close to the curb, or even driving on sidewalks)
- Disregarding traffic signals (running red lights, failing to yield, etc.)
Without a doubt, pedestrians could also act negligently by doing things like entering busy streets, crossing at the wrong time, or ignoring traffic signals; however, even if a pedestrian is putting him or herself in danger, an alert driver should be able to prevent an incident.
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Liability in Pedestrian Accidents
Who is liable for the pedestrian accident that killed your loved one? In most cases, liability falls to the driver that struck the pedestrian, given that the incident occurred due to the negligence of the driver. To establish liability, the following four elements of negligence must be present: duty of care, breach of duty, cause, and harm. All drivers have a duty of care to drive carefully and follow all traffic rules while on the road. When drivers start driving recklessly or carelessly, they are breaching their duty of care towards other drivers on the road as well as pedestrians. The breach of duty could cause an incident (a pedestrian accident) and significantly harm the victim.
If this occurs, the injured pedestrian or surviving family members (if the pedestrian suffered fatal injuries) could sue the driver for the resulting harm. To learn more about establishing liability for a fatal pedestrian accident, do not hesitate to seek legal assistance with the experts at our firm immediately.
You Can File a Wrongful Death Claim
If the negligence of a driver led to the fatal pedestrian accident, you might have grounds to pursue a wrongful death claim. Who can pursue a wrongful death claim? California law states that only the deceased party’s surviving spouse, domestic partner, or children can sue. If none of these parties are living, anyone who would be entitled to property (based on intestate succession) could sue; this includes the deceased victim’s parents or siblings. If the deceased victim’s putative spouse (and their children), stepchildren, and parents can prove that they were financially dependent on the decedent, they could also have the right to sue for wrongful death.
Are you interested in pursuing a wrongful death claim for the incident that took the life of your loved one? If so, you should be prepared to gather the following:
- Photos of the injuries the victim suffered
- Photos of the scene of the incident
- Video footage of the pedestrian accident
- Records of medical expenses (if the victim did not die at the scene of the incident)
- Records of all reports made by first responders
- Insurance information of the liable party (and the victim if he or she was covered in the case of accidental death)
- Records of lost earnings associated with the victim’s death
- Records of all expenses associated with the incident (including funeral expenses)
In addition, you will need to have the representation of a wrongful death lawyer; you should find a wrongful death lawyer with experience in pedestrian accidents.
The Expenses Associated with Funerals
After the death of a victim of a pedestrian accident, there are a number of expenses that arise. Without a doubt, there might be expenses associated with any medical treatment that the victim received before his or her death; however, the majority of the expenses are associated with the victim’s funeral.
Funerals are very expensive; most people do not have the funds to cover a sudden passing of a loved one. On average, funeral costs can total anywhere from $7,000 to $12,000; however, they can be significantly more costly under some circumstances.
The costs arise from the following services:
- Acquiring a burial plot
- Acquiring a casket
- Acquiring a tombstone
- Cremating fees as well as the purchase of an urn
- Memorial services
- Picking up the body and transporting it between locations
- Preparing the body for the funeral
- The services provided by funeral directors and staff members
- Viewing services
These costs can quickly add up, causing family members to be stressed about going into debt.
Who Pays for Funeral Expenses after a Pedestrian Accident?
After the death of a loved one, having to pay funeral fees should not be what you have to worry about. You should be able to grieve the loss of your loved one without worrying about money, but we understand the stress of the financial cost of the funeral will always be present. In some cases, however, family does not have to pay all the funeral costs.
Who pays for the funeral expenses? If the victim had some sort of insurance coverage that covered accidental death (including personal injury protection, for instance), at least some of the funeral expenses could be covered. Additionally, if the incident resulting in the death of the victim was associated with the negligent actions of a driver; surviving family members could sue and recover monetary compensation, which could include funeral expenses. This means that the liable party (and his or her insurance company) could also be required to pay funeral expenses.
The best thing that surviving family members can do is to pursue a wrongful death claim to ensure that funeral expenses are covered.
File the Claim within the Statute of Limitations
Wrongful death claims, like all other types of claims, are subject to a statute of limitations. A statute of limitations determines the specific length of time that claimants have to pursue their claims. If claimants fail to file their claims within the appropriate length of time, they could lose their right to sue. How long do you have to file your wrongful death claim? In California, wrongful death claims are subject to a two-year statute of limitations; this means that claimants only have two years to pursue the claim. If you are interested in learning more about the total length of time that you have to pursue your claim, contact us today.
Contact Normandie Law Firm
Without a doubt, pursuing legal action after the wrongful death of a member of your family after a pedestrian accident will not reverse the incident or suddenly heal your heartache. However, if you pursue a wrongful death claim, you and the rest of your family could be compensated for the wrongful death of your loved one; this means that all funeral expenses could be covered.
If you are interested in learning more about your right to pursue a wrongful death claim and learning more about the compensation that you and your family could be eligible to receive, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. At Normandie Law Firm, our pedestrian accident wrongful death attorneys are ready to aggressively fight for your right to sue for the death of your loved one. Contact us today to speak with our experts.
At our firm, we offer free legal services as well as free second opinions. During these free legal services, our lawyers will be available to answer all your questions as well as address all of your concerns. When you speak with our wrongful death lawyers, you can trust that our experts will always provide you with the guidance that you need to reach a successful claim outcome. Our lawyers are ready to give you all the information necessary to begin or continue your claim. Contact us today.
We offer a Zero-Fee guarantee as well as a strict contingency structure. Because of our Zero-Fee guarantee, our clients will not have to worry about expensive upfront legal fees for any of our legal services. Because of our contingency structure, our clients will not be required to pay anything until after reaching a successful claim outcome (if you don’t win, you won’t pay).
Are you ready to discuss your claim with the experts at our firm? If so, contact us today.
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