The Law Office of Nikolaus W. Reed helps victims of pedestrian accidents in San Pablo. No matter how careful you are as a pedestrian, you’re always vulnerable to being in an accident. And given the various factors in play, these accidents can quickly turn fatal. At that point, it becomes crucial to understand what you and your family’s legal options are. Contact us today for a free consultation to learn more.
Should You Get a Lawyer?
Any pedestrian accident is difficult. But when your or a loved one’s injuries are fatal, it’s much different. A fatal accident is one of the clearest examples of actually needing an experienced lawyer. My firm can make a big difference for you and your family by:
- Helping you understand what rights you have after the accident.
- Reviewing what happened to build a strong case for you.
- Helping you in collecting important information and evidence to support your claim.
- Communicating with the insurance companies to fight for a fair settlement.
Our goal is to take some stress off you or your family while you’re dealing with the loss of life and the other inevitable things that come with it. Remember, you have the same legal rights as anyone else in a pedestrian accident, but the process can be complicated when fatal injuries result from it. That’s where we come in to help you through it.
What Legal Options Do You Have After a Fatal Pedestrian Accident?
When you lose a loved one because of their injuries in a pedestrian accident, it changes your legal options slightly. Generally speaking, you still have the option to file a claim to recover “damages,” it’s just that they’re built around things that will help you and your family cope with the loss.
The main difference, however, is that you’ll have to file a “wrongful death” claim, and only certain people can file it in California:
- Surviving spouses, children, or domestic partners
- Parents, heirs, stepchildren, or other family members if there are no surviving spouses or children
- Personal representatives of the deceased person’s estate named in a will
At that point, you or someone who represents the family can move forward with actually filing the claim. This is just like any other accident, where there’s either an insurance claim out of court or a lawsuit inside the court system. The main purpose is to recover damages, but these are also different in wrongful death claims, usually covering things like:
- Medical, funeral, or burial expenses
- Loss of companionship or parental guidance
- Loss of current financial support, salary, or benefits
- Loss of future earnings or benefits
- Emotional pain and suffering from the grief of losing a loved one
It’s important to take action quickly because you have only two years from the date of death to file a wrongful death claim. In fatal pedestrian accidents, evidence can disappear fast, so it’s crucial to collect and keep important information as soon as you can. This will make things easier when trying to piece together what happened.
Who Pays For Damages After a Fatal Pedestrian Accident?
In a fatal pedestrian accident in San Pablo, figuring out who pays for damages works similarly to other accidents: you need to show that someone was negligent. Negligence means that someone failed to keep you and others safe. If their careless or reckless actions caused the accident, they can be held legally responsible for paying for the resulting damages.
In most pedestrian accidents, liability falls on:
- Drivers or passengers – Drivers and their passengers must drive safely by following traffic laws, keeping a safe speed, and watching for pedestrians. If a driver is speeding, distracted (like using a phone), or under the influence, they can be held responsible for accidents. Passengers may share blame if they encourage risky behavior or distract the driver.
- Other pedestrians – Pedestrians usually have the right of way, but they can still cause accidents. If a pedestrian suddenly steps into traffic without looking or crosses where there’s no crosswalk, they might be partly responsible for an accident and could face liability for their actions.
- Government agencies – Local government agencies are responsible for maintaining safe roads with clear signage, good lighting, and smooth surfaces. If an accident occurs due to poorly marked crosswalks, malfunctioning traffic lights, or unsafe road conditions like potholes, the government may be liable, and victims can file claims against them.
- Vehicle or parts makers – If a vehicle malfunction contributes to a fatal pedestrian accident, the manufacturer may be held liable. For example, if brake failure leads to hitting a pedestrian, the manufacturer could face legal action for negligence in the vehicle’s design or production.
- Property owners – Property owners–like restaurants, for example–must keep their properties safe for pedestrians. If unsafe conditions, like broken sidewalks or poor lighting, lead to an accident, the property owner could be held responsible. It’s their legal duty to make sure there’s a safe environment for those passing by.
California has a rule called “comparative negligence.” This means that if you are found to share some responsibility for the accident, your compensation might be reduced based on how much fault you share. While this doesn’t stop you or your family from filing a claim, it does impact how much you might receive in damages.
What Can Be Done to Protect a Fatal Pedestrian Accident Claim?
You and your family obviously never want to go through a situation where someone is lost in a pedestrian accident. However, given the factors involved, this is an unfortunate reality. Any pedestrian is extremely vulnerable to serious injuries when they’re struck by a moving car, so it’s easy to see how quickly these accidents can turn fatal. At the same time, it’s vital to take the right steps to set the foundation of a potential claim. Here’s what can be done:
- Call 911 – Safety is the top priority. Make sure to call 911 for an ambulance and police help. EMTS can treat non-fatal injuries on-site, while the police will manage the accident scene and help gather important information. Police or EMTs can also confirm the death, which will tie back into the accident.
- Gather evidence – If possible, get the driver’s and other involved parties’ contact and insurance information. Exchange your details as well. Speak to witnesses at the scene and get their contact information; their accounts can be vital for your case. Take photos or videos of the accident scene, including vehicle damage, injuries, and any relevant road conditions.
- Keep organized – Document all medical treatments, bills, and expenses related to the accident. Following your doctor’s treatment plan is crucial, as it shows you are actively working toward recovery.
- Watch what you say – When talking about the accident with police or insurance representatives, stick to the facts and keep your statements simple. Stay away saying anything that could negatively impact your claim. Also, maintain a record of how the loss has impacted your family.
What makes this situation so difficult is that it’s impossible to take these steps if you’re fatally injured. However, the information and evidence that comes out of these steps is crucial for building a strong claim. This is another area where my firm’s help and guidance can be invaluable.
Support For Families After Fatal Pedestrian Accidents in San Pablo
When you lose a loved one (or your own life is taken away) in a pedestrian accident, it’s incredibly tragic. But the fact remains that you and your family have potential legal options you can take to get some measure of recovery. Our team at NWR Law can provide you and your family with vital guidance and support, making sure your family has what they need to move forward. Contact us today for a free consultation to talk about your family’s options.