Delano Fatal Pedestrian Accident Lawyer

Maison Law represents the families of fatal pedestrian accident victims in Delano. If you’re coping with the loss of a loved one, taking legal action may be the last thing on your mind, but it can serve as an important step in the recovery process.

Our Wrongful Death Attorneys at Maison Law can hold the liable party responsible for the untimely loss of your loved one and get you fair compensation to cover your financial burdens. Contact Maison Law today for a free and confidential consultation.

How a Delano Fatal Pedestrian Accident Lawyer Can Help

Unfortunately, there is no perfect way to compensate you after the loss of a loved one. But that doesn’t mean you shouldn’t take legal action to recover damages for your loss. With the help of a Wrongful Death Lawyer, you and your family may be rewarded a wrongful death settlement, which includes:

• Medical bills directly related to the accident injuries from the time of the accident to your loved one’s death.
• Funeral and burial expenses
• Lost income, which includes income from the time of the accident and future lost income
• Loss of household services your loved one used to provide
• Pain and suffering the decedent was exposed to before their untimely death
• Medical bills the decedent may have accumulated
• Loss of consortium

At Maison Law, we have a team of wrongful death attorneys who can manage the legalities of your loss, so you can focus on grieving with your loved ones. Our legal team will help you:

• Manage all communication with the insurance companies
• Investigate the accident scene and gather crucial evidence to build your case
• Identify all liable parties and potential sources of compensation
• Negotiate a fair settlement to cover your loss and financial future
• Represent you in court if a fair settlement cannot be reached

How the Law Protects Delano Pedestrians in Crosswalks

Crosswalks in Delano are more dangerous than you might think. According to the Journalist’s Resource, over 7,000 pedestrians were killed in crosswalks in 2022 alone. The majority of these fatal accidents resulted from crosswalk laws being ignored by so many drivers. Since pedestrians are far more vulnerable on the road than other vehicles, drivers have a legal duty of care to ensure their safety, according to California Vehicle Code 21950:

“The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.”

In Delano, it is also unlawful for any operator of a vehicle to drive over a crosswalk while pedestrians are in the crosswalk, regardless if they are close to hitting them or not. This is covered under Delano’s City Ordinance Ord. 2008-1175.

Who is Liable in a Fatal Pedestrian Accident in Delano?

If a pedestrian is fatally injured at a crosswalk, 3 elements would need to be proven to admonish the pedestrian from liability and prove the driver was completely at fault:

1. The driver owed the pedestrian a duty of care
2. The driver breached the duty of care because they engaged in reckless behavior
3. The driver’s recklessness caused the pedestrian’s injury that led to their death

The following violations can show a driver was not offering pedestrians a duty of care at a crosswalk:

• All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
• A driver must stop before the line, not in the middle of the crosswalk.
• A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
• Drivers are not permitted to pass stopped vehicles while they’re allowing pedestrians to cross at a crosswalk.

If your loved one’s death was caused due to a careless, or reckless act, you have the right to sue for damages. California Law offers families legal resources to recover damages after their loved one suffered a fatal pedestrian accident. A Wrongful Death Lawyer can help you take the next steps toward recovering compensation.

Who Can Bring a Wrongful Death Lawsuit in a Fatal Pedestrian Accident in Delano?

Before pursuing damages in a wrongful death lawsuit, you should know the legal requirements of who is permitted to file the lawsuit. Typically, this right is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:

• Surviving spouses
• Domestic partners
• Children
• Grandchildren (only if the deceased person’s children have also passed away
• Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
• Dependent minor living in the household
• The next of kin
• Anyone entitled to the deceased’s property under intestate succession law

However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they become entitled to compensation.

What Factors Influence a Fatal Pedestrian Accident Settlement?

Wrongful death lawsuits tend to be settled out of court. How they settle, however, can be dependent on the following factors:

• The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
• Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
• Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
• Legal Representation: families who pursue a wrongful death settlement tend to receive more compensation with a lawyer than without one. Good representation can make all the difference in the world when it comes to taking legal action against the party responsible for the loss of a loved one.

Contact a Delano Fatal Pedestrian Accident Lawyer

We know that no amount of money will heal the pain of losing a loved one, but filing a lawsuit against those responsible for an untimely loss can hopefully bring you some sense of justice and closure. If you’ve lost a loved one due to a reckless driver at a crosswalk in Delano, the dedicated Wrongful Death Attorneys at Maison Law can help. Contact us today for a free consultation and case evaluation.