Maison Law represents families who have lost a loved one in a tragic pedestrian accident on dangerous Bakersfield roads.
When a careless driver’s mistake is to blame for a fatal accident, those left behind should receive help in paying for a funeral and replacing any income the deceased can no longer provide for their families.
Please contact Maison Law of Bakersfield to schedule a free, no-obligation consultation with a real lawyer and find out about every benefit available to your family.
Do I Need a Lawyer If A Loved One Was Killed in a Bakersfield Pedestrian Accident?
After a fatal pedestrian accident in Bakersfield, families can be faced with massive bills and will experience incredible grief. Although hiring a lawyer isn’t required, navigating the legal process while trying to hold a car insurance company responsible can be frustrating and complex.
Insurance adjusters will do everything they can to avoid blame in a pedestrian accident and block families from receiving financial help.
Our Bakersfield Wrongful Death Lawyers stand up for families at such a difficult time.
We provide these benefits and more…
- Investigating the accident and collecting all evidence
- Determining who is responsible
- Guiding you or your family through the legal steps involved in a wrongful death claim
- Often earning your family more than you could earn by filing a claim yourself
Whether it’s negotiating with insurance companies or filing wrongful death lawsuits, we’re here to support you every step of the way. We handle the worry and stress while providing as little disruption to you and your grieving family as possible.
What Is 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.
How Can My Family Request Evidence After a Fatal Pedestrian Accident?
Bakersfield families will need every piece of evidence available when they seek justice against those at fault for a terrible pedestrian collision. They might need accident reports, incident reports, and the results of an autopsy to back their claim against an insurance company representing those who are liable.
An attorney working for the family would secure this information.
However, when families need to gather this information on their own, they can start with these helpful links:
- Visit our page on how to get an Accident Report from Bakersfield Police
- Visit our page on how to get an Accident Report from the California Highway Patrol
- Instructions for obtaining a coroner report from the Kern County Coroner
- Requesting a death certificate in Kern County
Wellness Support for Family Members Who Have Lost a Loved One in an Accident
Families often struggle financially after a terrible accident. However, after earning financial help through a wrongful death claim, they will still have to cope with the grief and loss that remains.
Family members can find help through the grieving process by talking with mental health professionals and by joining a group of people going through the same trauma.
These are just a few of the options available for those in mourning:
- Hoffmann Hospice Programs
- GriefShare groups meet at several local churches each month
Some of the churches that host these important gatherings include Valley Baptist Church, Christ’s Church of the Valley, and First United Methodist Church.
Frequently Asked Questions
Yes. A driver may face criminal charges, such as drunk driving charges or hit-and-run charges, but that criminal trial will be handled separately. The family can file a wrongful death claim at any time, no matter where the criminal proceedings stand. The wrongful death case is dealt with as a civil claim. A driver at fault for causing a deadly bicycle impact may have to pay civil damages to families, even if they are found not guilty in a criminal trial.
Two years. Families who have lost a loved one should act quickly to hold at-fault drivers responsible. Waiting months to begin building a claim can mean evidence is harder to find and witnesses are harder to locate.
Your family doesn’t need any money to hire Maison Law and secure powerful legal protection. We don’t get paid unless we win your case for your family. Then our fee comes out of the settlement money that the car insurance company must pay your family members.
Contact a Bakersfield Fatal Pedestrian Accident Lawyer
Families should be allowed the time they need to grieve after a tragic pedestrian accident, but bills and hardships stemming from a tragedy can make a wrongful death lawsuit necessary. A wrongful death attorney can handle your case privately with as little disruption to close family members as possible.
Contact Maison Law for a free and confidential case evaluation for any family in the Bakersfield and Kern County area. Our lawyers offer compassionate care to those in mourning to ensure they don’t suffer the financial consequences of someone else’s mistake.
