The Washington Post in an article posted on January 23, 2019 stated that, “Between 2008 and 2017 nationally, 49 340 pedestrians were killed”. The article recorded that “Pedestrian safety is not getting better. We are on record highs in killing pedestrians. We haven’t hit this height since 1990.” Pedestrian accidents are in most cases caused by someone getting distracted. This in turn results in the initial injury, however, many situations quickly turn into loss of life. It is not uncommon for pedestrians to die in an accident because of suffering trauma. Hence the need for a wrongful death claim. Some incidents that lead to pedestrian deaths include:
- being hit by a car,
- run over by a driver,
- being struck with a large object a car may hit during an accident
Injuries may harm the organs through broken bones and may cause the loss of a lot of blood. And without urgent medical help the victim may die or may die from the injuries.
A wrongful death claim can be filed where the death of the pedestrian is due to driver negligence.
One article states, “Pedestrians usually are given the right of way when not crossing right in front of moving vehicles. For a wrongful death claim to be valid death must be because the driver acted in the wrong.”
Personal Injury or Wrongful Death Claim
When a pedestrian is injured by a negligent driver they can file a personal injury claim to get compensation. However, if the pedestrian dies the route is to file a wrongful death claim instead of a personal injury claim. The claim is filed by the surviving family or the deceased estate in order to receive compensation. A wrongful death claim compensation may extend to recovery of:
- the deceased’s income
- loss of funding for the household
- funeral expenses
If the pedestrian dies after starting a personal injury claim, this will change into a wrongful death claim.
Contact the Vinson Law Office for a free initial consultation today.