Maison Law helps pedestrians that have been injured in Clovis. No matter where you are in Clovis, you might find yourself injured as a pedestrian. Tragically, these accidents can quickly turn fatal due to any number of different factors. If you’ve lost a loved one in a pedestrian accident, it’s important to know what your legal options are. Contact us today for a free consultation to learn more about how we can help.
Do You Need a Lawyer After a Fatal Pedestrian Accident?
Pedestrian accidents are always challenging, but losing a loved one makes it especially devastating. In these cases, having an experienced lawyer on your side can make all the difference. Here’s how we can support you:
- Explain you or your family’s legal rights after the accident.
- Investigate the accident to build a strong case.
- Gather critical evidence to support your claim.
- Handle negotiations with insurance companies or defense lawyers for a fair settlement.
Most of all, we want to make the process as easy as possible for you and your family during this difficult time. It’s totally overwhelming when there’s a fatal accident, and trying to also deal with the claims process can be too much to deal with. That’s when you can turn to our team for care and support.
What Legal Options Are There After a Fatal Pedestrian Accident?
When there’s a fatal pedestrian accident in Modesto, there’s still a legal process in place for victims and their families to get financial support. But unlike a regular pedestrian accident where there’s injuries, the focus after a fatal accident is on helping the family with their loss. Specifically, it means filing “wrongful death” claim, which can only be done by certain people, such as:
- A spouse, children, or domestic partner
- Parents or other close family members if there isn’t a spouse or children
- Someone named as a representative of the person’s estate
The claim can be handled through an insurance claim or a lawsuit to recover damages like:
- Medical, funeral and burial expenses – These are the costs associated with emergency medical care, end-of-life treatment, and laying a loved one to rest. They include hospital bills, funeral home services, burial plots, caskets, and memorial arrangements.
- Loss of companionship or parental support – This covers costs relating to the emotional and practical void left by losing your loved one. It includes the loss of a spouse’s companionship or a parent’s care, guidance, and support for their children.
- Loss of current and future income – This covers the wages, benefits, and financial contributions the deceased person would have provided or would have earned in the future.
- Emotional pain and suffering – This covers costs for the mental and emotional anguish experienced by the family after the loss, including grief, trauma, and the difficulty of moving forward without their loved one.
It’s important to act quickly, because you still have just two years from the date of death to file a claim. Collecting evidence early will make the process easier and help build a stronger case, but the longer it takes, the harder it will be to get evidence. What’s more, you still have to figure out who pays for the damages.
Who Pays for Damages After a Fatal Pedestrian Accident?
When there’s an accident, someone’s responsible. But in legal terms, this responsibility takes on added significance because it means they have to pay for the resulting damages. You can probably tell how important this is in a fatal pedestrian accident, given the stakes.
That said, the actual standard still comes down to negligence, which means:
- Someone acted in a way that was unsafe and this caused the accident and the death.
As it relates specifically to a pedestrian accident, it’s usually going to fall on the driver of the car that hits you or your loved one. But, whenever there’s a claim, it’s important to try to nail down all of the potentially liable parties. Usually this also includes:
- Local government – Clovis’ city government is responsible for maintaining safe roads and crosswalks. If poor road conditions or broken traffic lights lead to an accident, the city could be held liable.
- Vehicle or parts makers – If a car problem, like brake failure, causes the accident, the manufacturer could be held responsible.
- Property owners – If unsafe conditions on private property, like broken sidewalks or poor lighting, cause an accident, the property owner may be responsible.
- Other pedestrians – If a pedestrian’s careless actions, like stepping into traffic without looking, contribute to the accident, they may share some responsibility.
In California, “comparative negligence” means that if you are partly at fault for the accident, any damages you receive could be reduced based on your share of the blame.
What Can You Do to Strengthen a Wrongful Death Claim After a Fatal Pedestrian Accident?
For as tragic and unexpected as a fatal pedestrian accident is, there’s still a claims process in place. This means that you (or your family) is going to have to take certain steps to protect a potential claim:
- Call 911 – Just like any injury situation, call 911 immediately to get an ambulance and police on the scene. EMTs can treat injuries or confirm the death, while the police will secure the area and document important details about the accident.
- Gather evidence and information – If possible, collect the driver’s contact and insurance information and exchange your details as well. Talk to witnesses, get their contact information, and take photos or videos of the scene, including vehicle damage, injuries, and road conditions. This evidence can be crucial for your claim.
- Stay organized – Keep a record of all medical treatments, bills, and expenses related to the accident. Follow your doctor’s treatment plan carefully, as this shows you’re taking steps to recover and strengthens your claim.
- Be mindful of statements – When speaking to the police or insurance companies, stick to the facts and keep your statements simple. Avoid saying anything that could harm your claim. Also, document how the loss has impacted your family to support your case.
It’s here that an important, yet obvious, point comes up. If you’re the victim, you can’t take these steps. However, the evidence and details these steps can provide are vital for building a strong claim. Our firm can step in to guide you or your family through this process, making sure no important details are overlooked.
Support for Families After Fatal Pedestrian Accidents in Clovis
Losing a loved one in a fatal pedestrian accident is an unimaginable tragedy, but your family has legal options to seek justice and recovery. At Maison Law, we’re here to provide legal support and guidance in this incredibly difficult situation. We’ll work to make sure your family gets the resources and financial support needed to move forward. Contact us today for a free consultation to talk about your options.
