Maison Law helps people in Bakersfield when they’re injured in pedestrian accidents. When you’re walking in Bakersfield, there’s always the chance that you could be involved in an accident. Sadly, these accidents can sometimes be fatal. If you’ve lost a loved one in a pedestrian accident, it’s important to know what legal options are available to you. Contact us today for a free consultation to see how we can help.
Should You Get a Lawyer After a Fatal Pedestrian Accident?
Pedestrian accidents are already tough, but losing a loved one (or them losing you) changes the situation considerably. You’re still not required to get a lawyer, but in terms of whether or not you should get one, it can make a big difference. Here’s how we can support you:
- Help you understand your family’s legal rights.
- Investigate the accident to build a strong case.
- Collect key evidence to back up your claim.
- Handle negotiations with insurance or defense lawyers for a fair settlement.
We want to make this process easier for you and your family during such a difficult time. Dealing with a fatal accident is overwhelming, and managing the legal claims process can add to the stress. That’s the main reason why getting a lawyer is so beneficial: it makes things easier and allows you to focus on moving forward as best you can.
What Can You Do After a Fatal Pedestrian Accident?
A fatal pedestrian accident is heartbreaking and unexpected, even though they happen more often than we might like. It’s also something nobody wants to face, but because there’s a legal process in place, there are steps you (or your family) can take to protect a potential claim. Here’s what can be done to strengthen a claim after a fatal pedestrian accident:
- Call 911 – Always call 911 after an accident. The police will document the scene, and EMTs can confirm the death or treat injuries.
- Gather evidence and information – If you can, get the driver’s contact and insurance details. Talk to witnesses and get their contact information, too. Get photos or videos of the scene, vehicle damage, injuries, and road conditions. This evidence is key for your claim.
- Stay organized – Keep a record of all medical treatments, bills, and expenses related to the accident. This can include medical records prior to the death, as well as funeral and burial expenses.
- Be careful with statements – When speaking to the police or insurance companies, stick to the facts. Avoid saying anything that could hurt your claim. Also, document how the loss has impacted your family through things like journal entries and therapy. This can support your case.
If you’re the victim, you won’t be able to take these steps yourself. However, the reality is that when there’s a fatal accident with a pedestrian, there’s still a legal process in place. This means that these steps are going to form the foundation of your family’s claim. But, it’s also important to understand that the claims process looks a bit different for these accidents.
What the Claims Process Like After a Fatal Pedestrian Accident?
When there’s a fatal pedestrian accident in Bakersfield, the legal process is focused on supporting the grieving family. Instead of dealing with injuries like in a typical pedestrian accident, the goal here is helping the family through their loss by giving them access to certain financial support–or damages.
But the way the process differs is that it involves filing a specific claim known as a “wrongful death” claim. Not everyone can file it in California. In fact, the law says that only certain people can, including:
- A spouse, children, or domestic partner
- Parents or close family members if there are no spouse or children
- A person named as the representative of the deceased’s estate
This claim can be filed through insurance or a lawsuit, but the goal is to recover damages like:
- Medical, funeral, and burial expenses – This includes costs for emergency treatment, funeral services, and burial or cremation.
- Loss of companionship or parental support – This covers the emotional and practical loss of having your loved one in your life, whether it’s a spouse or a parent.
- Loss of current and future income – This covers the money your loved one would have earned and contributed to the family in their lifetime.
- Emotional pain and suffering – This covers costs for the emotional distress and grief caused by losing your loved one.
It’s critical to act quickly, because you and your family have just two years from the date of death to file a claim. Gathering evidence early is key to making the process smoother and strengthening your case, as the longer you wait, the harder it becomes to collect crucial evidence. And, you’ll need to also figure out who’s responsible for paying the damages.
Who Pays for Damages After a Fatal Pedestrian Accident?
In any accident, someone has to be held responsible for the damages, and in a fatal pedestrian accident, this responsibility is even more significant. The core of the legal process focuses on whether someone acted negligently–meaning they made unsafe choices that caused the accident and death.
In most cases, the driver of the car that struck you or your loved one is held accountable. However, it’s important to explore all potential parties who could be responsible, including:
- Local government – Bakersfield’s city government is responsible for maintaining roads, crosswalks, and traffic signals. If poor road conditions or broken lights contributed to the accident, the city could be held liable.
- Vehicle or parts manufacturers – If a vehicle failure, like brake malfunction, caused the accident, the manufacturer may be held responsible.
- Property owners – If unsafe conditions on private property, such as broken sidewalks or poor lighting, played a role in the accident, the property owner could be liable.
- Other pedestrians – If another pedestrian’s actions contributed, like stepping into traffic without looking, they may share responsibility.
In California, “comparative negligence” laws mean that if the victim shares any fault for the accident, the damages awarded may be reduced based on their level of responsibility. This might happen if you or your loved one were distracted at the time of the collision, or didn’t use a crosswalk. All the details matter, especially when it comes to a fatal accident.
What Causes Fatal Pedestrian Accidents in Bakersfield?
Pedestrian accidents in Bakersfield can happen for several reasons, and pedestrians are especially vulnerable since they have no protection from vehicles. Here are some common causes:
- Distractions – Drivers using their phones, eating, or not paying attention to the road are more likely to hit pedestrians.
- Speeding – Drivers going too fast may not have time to stop or react if a pedestrian is in their path.
- Not yielding – Drivers who don’t stop at crosswalks or ignore traffic signals like stop signs can cause serious accidents.
- Low visibility – Accidents are more likely at night or during bad weather when it’s harder to see pedestrians.
- Driving under the influence – Drivers impaired by alcohol or drugs are slower to react and can cause accidents.
- Road problems – Poor road design or missing crosswalks and sidewalks can make it harder for pedestrians to stay safe.
While it’s important to stay alert, use crosswalks, and follow pedestrian rules, accidents can still happen. And when they do, they often lead to fatal injuries. Again, it’s something nobody wants to go through, but when it does happen, you and your family can turn to our team for support and guidance.
Bakersfield Fatal Pedestrian Accident Victims Can Trust Maison Law
If you’ve lost a loved one in a fatal pedestrian accident, it’s an incredibly difficult and emotional time. At Maison Law, our team of experienced Bakersfield pedestrian accident lawyers is here to help you get through this challenging situation and get the support you need.
We handle all aspects of your claim, so you can focus on healing and moving forward. Contact us today for a free consultation and let our team guide you through this tough time.
