February 28, 2022
The family members left behind are devastated when a loved one is lost in a pedestrian accident.
Survivors are left with the financial burden of medical and funeral costs and the need to make up for the income of the deceased family member, all while coping with overwhelming grief and emotional loss.
When these events occur, family members must learn everything they can about their legal rights before losing the chance to file a wrongful death claim.
The Pedestrian Accident
Many pedestrian accidents result in death due to traumatic impacts to the individual, such as when hit by a car, being driven over by a driver, or struck by a large object that a car may hit at a point during the accident.
A person who sustains an injury while walking, running, or jogging in the area will almost always require prompt medical attention in order to recover fully. Many of the injuries sustained are internal or can affect the organs due to broken bones or severe blood loss.
Because of the actions of the driver or those in the immediate vicinity of the accident, these physical injuries can occur in the pedestrian’s death.
The Injuries Leading to Death
Puncturing of internal organs near bones or the source of traumatic force is a common cause of death in many injuries. Organs can rupture, and blunt force trauma can result in internal bleeding. A concussion is usually a minor injury sustained when the head slams into anything.
For example, a pedestrian hit by a car will likely suffer traumatic brain injuries. Broken bones can also lead to infection, and any of these complications could put the pedestrian’s life at risk in the right situation. If the situation becomes severe, the doctor or another emergency worker may be unable to save the pedestrian’s life.
Where Injuries may Occur
When pedestrians are not crossing in front of moving vehicles or when the driver has the right of way, they are usually given the right of way. So, for a wrongful death claim to be valid, the deceased must have suffered injuries or death due to the negligent driver’s actions.
Generally, pedestrians are injured when they are hit in a crosswalk, when attempting to cross the street, or when they are hit in a parking lot. In addition, if the driver is not careful, he or she may crash with or run over a pedestrian on the sidewalk or on the shoulder.
What is the first thing you should do after a Pedestrian accident?
There are several things you can take to protect your right to compensation in the days and weeks following an accident, including:
- Write down as much as you can about the accident itself, your injuries, and any additional losses you have suffered as a result of it.
- Make a note of any conversations you have with people involved in the accident or injury claim.
- Collect physical items and take photographs or videos to preserve evidence of the accident and the extent of the damage.
- Find witnesses to the accident who may be able to assist you in proving your case.
- To evaluate and pursue your claim, contact a personal injury attorney.
- Notify anyone who may be responsible for the accident so that you can pursue a claim for your injuries.
Damages Recoverable in Pedestrian Accident Cases
Medical bills, wage loss, and pain and suffering are all possible damages for the injured party. The damages can also include future losses for continuing care or disability.
If a pedestrian dies as a result of an accident. In that case, the pedestrian’s survivors are entitled to wrongful death compensation for their economic losses due to the pedestrian’s death and damages for the decedent’s family’s loss of companionship and consortium.
Do Not Wait Too Long to File a Pedestrian Compensation Claim
You should contact an attorney as soon as possible to assist you in seeking compensation for your injuries. However, filing a claim, negotiating with the insurance company, and determining whether a lawsuit is necessary all take time.
The lawyer must prove that the defendant was responsible for the pedestrian’s death to improve the chances of success for the estate or surviving loved ones. Often, the lawyer will work with the insurance company to settle the case outside of court and offer the plaintiff the settlement amount.
Khashan Law’s Pedestrian Accident Attorneys are committed to assisting injured clients and their families during this difficult time. We will diligently fight for your rights so that you recover compensation properly.
According to the law, a personal injury claim must be filed within an imposed time limit. Therefore, you may lose your right to receive monetary compensation for your injuries if you wait too long to contact a personal injury attorney after a pedestrian accident. Please do not allow this to happen!
Pedestrian Accident Attorneys and Personal Injury Lawyers at Khashan Law take pride in maintaining excellent attorney-client relationships. Our highly trained lawyers and staff return all calls and emails promptly and keep clients up to date regarding the status of their cases. Contact us today at 951.461.2387.