Maison Law helps families restore their lives after the untimely loss of a loved one. If you’re in the unfortunate situation of losing a loved one in a fatal pedestrian accident in Merced, our law firm would like to extend our deepest condolences and help you get through this difficult time.
While there is no making up for the loss of a loved one, we can provide you with the legal resources to support your family and get you the maximum compensation available for your losses. Contact Maison Law today for a free consultation and to take the legal action necessary to get your life back on track.
Do I Need a Lawyer for a Fatal Pedestrian Accident?
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 at Maison Law, 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
Evidence Needed in a Wrongful Death Claim
Solid evidence is the foundation of any wrongful death claim. At Maison Law, we can help you gather the proof necessary to prove your loved one’s life was wrongfully cut short and ensure your family is fairly compensated for this untimely loss. Key pieces of evidence that may be included in a fatal pedestrian accident claim are:
- Police Reports: police reports can provide an official account of the events that led up to the death and can determine fault, as well as essential evidence.
- Medical bills: medical bills help to document the extent of the medical care received by the deceased, which can be used to establish the financial impact of the wrongful act.
- Autopsy reports: autopsy reports offer vital medical evidence about the cause of death, which is essential in linking the wrongful act with the cause of death.
- Witness statements: witness statements can provide independent accounts of the incident, offering perspectives that may corroborate or dispute the claims made by other parties.
- Photographs or videos of the scene: visual evidence can be critical to reconstructing the event and demonstrating the conditions that led to the wrongful death.
- Expert opinions or testimony: expert testimony can clarify complex issues and provide authoritative opinions on matters such as causation and long-term effects that the family of the decedent will face.
Who is Typically Liable for a Fatal Pedestrian Accident?
According to the National Highway and Safety Administration, roughly 70% of fatal pedestrian accidents occur at crosswalks where pedestrians must cross five lanes of traffic, or more. 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:
- The driver owed the pedestrian a duty of care
- The driver breached the duty of care because they engaged in reckless behavior
- 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 at Maison Law can help you take the next steps toward taking legal action and recovering compensation.
Who Can Bring a Wrongful Death Lawsuit in a Fatal Pedestrian Accident in Merced?
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 Merced 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 in Merced, the dedicated Wrongful Death Attorneys at Maison Law can help you file a claim, negotiate a fair settlement, and receive full compensation for the damage done to your family.
Don’t wait until it’s too late take legal action. Contact Maison Law today for a no-cost, no-obligation consultation.
