While no amount of money can replace a life, a wrongful death lawsuit can provide much-needed financial support and help families hold the responsible party accountable.
When a pedestrian is fatally struck by a vehicle, the emotional toll on their loved ones is immeasurable. These devastating tragedies often leave behind grieving families struggling not only with their loss but also with unexpected financial burdens. In cases where the death was caused by someone else’s negligence or reckless behavior, the victim’s family may have the legal right to file a wrongful death lawsuit.
What Is a Wrongful Death Lawsuit?
According to an experienced Kansas City personal injury lawyer, 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. In the context of pedestrian accidents, this typically means holding a driver accountable for causing a death through careless or unlawful behavior. Unlike criminal charges, which are brought by the state and may result in fines or jail time, a wrongful death lawsuit is a civil matter that seeks monetary compensation for the surviving family members.
Common Causes of Fatal Pedestrian Accidents
Fatal pedestrian accidents can occur in a variety of settings—crosswalks, intersections, parking lots, and even residential neighborhoods. Some of the most common causes include:
- Distracted driving, such as texting or using a phone
- Speeding, especially in urban areas
- Driving under the influence of drugs or alcohol
- Failure to yield to pedestrians at crosswalks
- Running red lights or stop signs
- Poor visibility or inadequate street lighting
- Reckless or aggressive driving behavior
In many cases, these types of accidents are preventable with responsible and vigilant driving behaviors and greater awareness of pedestrian safety.
Who Can File a Wrongful Death Lawsuit?
Each state has laws that determine who can file a wrongful death claim. Generally, immediate family members are given priority. This includes:
- Spouses
- Children (biological and adopted)
- Parents of a deceased minor child
- 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.
What Must Be Proven in a Wrongful Death Claim?
To successfully pursue a wrongful death lawsuit in a pedestrian accident, the plaintiff must prove several key elements:
- Duty of Care: The driver had a legal responsibility to operate their vehicle safely and watch for pedestrians.
- Breach of Duty: The driver violated this responsibility by acting negligently or recklessly.
- Causation: The breach directly caused the pedestrian’s death.
- Damages: The surviving family suffered financial and emotional losses as a result.
These cases require clear evidence to establish fault and link the driver’s actions to the fatal outcome.
Types of Compensation in Fatal Pedestrian Cases
Families may be eligible for various types of compensation, depending on the circumstances of the accident and the impact of the loss. Common damages include:
- Funeral and burial expenses
- Medical bills related to the pedestrian’s final care
- Loss of income and future earnings the deceased would have provided
- Loss of companionship, guidance, and support
- Pain and suffering experienced by the survivors
- Punitive damages if the driver acted with extreme negligence (e.g., drunk driving)
These types of economic compensation are meant to ease the financial burden and recognize the deep emotional pain caused by the loss.
Evidence Used in Wrongful Death Lawsuits
Strong evidence is critical to building a successful wrongful death claim. Key pieces of evidence may include:
- Police reports and accident scene documentation
- Traffic or surveillance camera footage
- Eyewitness statements
- Cell phone records, especially in distracted driving cases
- Toxicology reports if drugs or alcohol were involved
- Expert testimony from accident reconstruction professionals or medical experts
Collecting and preserving this evidence in a timely manner can significantly impact the strength of the case and the outcome of securing compensation.
Statute of Limitations for Filing a Wrongful Death Claim
Each individual state has laws which set a time limit, known as the statute of limitations, for filing wrongful death lawsuits. In most states, this period ranges from one to three years after the date of death. Once this deadline has passed, typically the right to pursue legal action is no longer available. Some exceptions may apply in cases involving minors or criminal investigations, which is why promptly consulting an experienced attorney is important.
Losing a loved one in a catastrophic pedestrian accident is devastating. While no amount of money can replace a life, a wrongful death lawsuit can provide much-needed financial support and help families hold the responsible party accountable. If you’ve lost a family member in a pedestrian accident, speaking with an experienced personal injury attorney can help you understand your rights and next steps.
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