Wrongful Death Fatalities Caused by Pedestrian Accidents Lawyer

In recent years, there has been a noticeable surge in pedestrian injuries and fatalities in the tri-state area, marking a concerning 51% increase since 2009. The streets are becoming more crowded with trucks, cars, and motorcycles, and unfortunately, drivers are frequently distracted by their smartphones, posing a greater risk to pedestrians.

According to the National Highway Traffic Safety Administration, in 2019 alone, 6,205 pedestrians lost their lives in car accidents. Tragically, hit-and-run incidents involving pedestrians have also reached record highs.

Pedestrians involved in car crashes often sustain severe injuries since they lack any protection against the impact. As a result, victims and their families face the daunting challenges of mounting medical expenses, lost income, and emotional trauma.

During this difficult time, our team of pedestrian accident attorneys is here to support you. We understand the gravity of the situation and approach the attorney-client relationship with compassion and sensitivity. Leveraging our extensive experience spanning several decades, we will tirelessly work to secure fair compensation for your wrongful death lawsuit.

What are the Most Common Causes of Pedestrian Accidents?

Pedestrian accidents can occur due to various factors, and understanding the most common causes is essential for promoting pedestrian safety. While every accident is unique, the following are some of the frequent causes of pedestrian accidents:

  • Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. Drivers who divert their attention from the road, such as using smartphones, eating, or adjusting controls, are more likely to overlook pedestrians and fail to yield the right of way.
  • Failure to Yield: Pedestrians generally have the right of way in crosswalks and at intersections. When drivers fail to yield or disregard pedestrian rights, accidents can occur. This often happens when drivers are in a hurry, disregard traffic signals, or fail to check for pedestrians before making turns.
  • Impaired Driving: Alcohol or drug impairment significantly impairs a driver’s judgment, coordination, and reaction time, increasing the risk of accidents. Intoxicated or impaired drivers may fail to see pedestrians or have difficulty maintaining control of their vehicles, resulting in severe accidents.
  • Speeding: Excessive speeding reduces a driver’s ability to react to sudden situations, including the presence of pedestrians. Higher speeds also increase the severity of accidents, leaving pedestrians with more severe injuries or fatalities.
  • Failure to Observe Nighttime Visibility: Poor visibility at night poses additional risks to pedestrians. Drivers who fail to use proper headlights, do not adjust to darkness, or do not spot pedestrians in low-light conditions can cause accidents.
  • Jaywalking or Improper Crossing: Pedestrians who cross the road outside designated crosswalks, dart between vehicles, or disregard traffic signals put themselves at risk. Such actions may make it difficult for drivers to anticipate their movements and react in time to avoid collisions.
  • Vehicle Blind Spots: Large vehicles, such as trucks or buses, have substantial blind spots that can obstruct a driver’s view of pedestrians. If drivers do not check their blind spots or fail to take extra precautions around pedestrians, accidents can occur.
Pomona Crash
Fatal Pedestrian Accident on Mission Boulevard and Reservoir Street in Pomona

Promoting pedestrian safety requires a combined effort from both drivers and pedestrians. 

Drivers should remain attentive, avoid distractions, obey traffic laws, and yield to pedestrians. Pedestrians, on the other hand, should use designated crosswalks, obey traffic signals, and make themselves visible, especially at night.

Who Can Be Held Liable in Pedestrian Accidents?

In fatal pedestrian accidents in Los Angeles, liability for the incident can potentially extend to various parties depending on the circumstances of the case. Here are some parties that may be held liable:

  • Negligent Drivers: Motor vehicle drivers who act negligently, such as by speeding, running red lights, driving under the influence, or being distracted while driving (e.g., texting) can be held liable for causing a pedestrian accident resulting in a fatality. Drivers have a duty to exercise reasonable care while operating their vehicles and to yield to pedestrians when required by traffic laws.
  • Commercial Entities: If the driver responsible for the accident was operating a vehicle on behalf of a company or employer at the time of the incident, the company may be held liable under the legal principle of “vicarious liability.” This means that the employer can be held responsible for the actions of its employees if the accident occurred within the scope of their employment.
  • Government Entities: In some cases, government entities may be held partially responsible for pedestrian accidents. This could be due to hazardous road conditions, poorly designed intersections, inadequate signage or lighting, or other factors that create an unsafe environment for pedestrians.
  • Vehicle Manufacturers: In certain instances, if a defect in the vehicle played a role in the accident and subsequent fatality, the manufacturer of the vehicle or its components may be held liable. For example, if a faulty braking system contributed to the accident, the manufacturer could be held responsible.

Wrongful Death Claims

In Los Angeles, when a pedestrian accident results in a fatality, the surviving family members may have the right to file a wrongful death claim. Wrongful death claims seek to hold the at-fault party accountable for their actions and provide compensation to the family members who have suffered a loss. Here’s what you should know about wrongful death claims in fatalities caused by pedestrian accidents in Los Angeles:

  • Establishing Negligence: To pursue a wrongful death claim, it must be proven that the death of the pedestrian was caused by the negligence or wrongful act of another party. This could include actions such as distracted driving, speeding, drunk driving, failure to yield, or any other behavior that contributed to the accident.
  • Eligibility to File: Under California law, certain individuals are eligible to file a wrongful death claim, typically immediate family members such as the surviving spouse, children, or parents of the deceased pedestrian. In some cases, other dependents or individuals who can demonstrate financial dependence on the deceased may also be eligible to file a claim.
  • Recoverable Damages: The purpose of a wrongful death claim is to seek compensation for the losses suffered by the surviving family members. These losses can include economic damages such as medical expenses, funeral costs, loss of financial support, and loss of expected future earnings. Non-economic damages, such as loss of companionship, emotional distress, and pain and suffering, may also be recoverable.
  • Statute of Limitations: In California, there is a time limit, known as the statute of limitations, within which a wrongful death claim must be filed. Generally, the claim must be filed within two years from the date of the pedestrian’s death. Failing to file within this time frame may result in the loss of the right to seek compensation.
  • Expert Legal Representation: Pursuing a wrongful death claim can be complex, especially during a time of grief and emotional distress. It is highly recommended to seek the assistance of an experienced wrongful death attorney in Los Angeles. They can provide expert legal guidance, handle the legal complexities, gather evidence, negotiate with insurance companies or defendants, and advocate for the rights and interests of the surviving family members.

Losing a loved one in a pedestrian accident is a devastating experience, and pursuing a wrongful death claim cannot fully compensate for the loss. However, it can help provide financial support and hold the responsible party accountable. Consulting with a skilled wrongful death attorney can provide the necessary support and guidance throughout the legal process, increasing the chances of a successful claim.

How Can Our Pedestrian Accident Attorneys Assist Your Case?

If you have been injured in a pedestrian accident that was not your fault, you may have the opportunity to pursue a personal injury lawsuit. While it’s not mandatory to hire an attorney, there are several advantages to seeking the assistance of skilled legal counsel. Here’s how our pedestrian accident attorneys can help with your case:

  • Case Evaluation: Pacific Attorney Group can conduct a thorough investigation of the facts surrounding your pedestrian accident to assess the strength of your case and determine its value. With their expertise in personal injury law, our attorneys can provide you with a clear understanding of the potential outcomes and your chances of success.
  • Legal Guidance: Making informed decisions is crucial when pursuing a personal injury lawsuit. Our attorneys can provide you with valuable advice and guidance throughout the process. They can help you understand important factors such as the statute of limitations for filing a pedestrian accident lawsuit and identify the strengths and potential challenges of your case.
  • Negotiation: Many pedestrian accident claims are resolved through settlement agreements. Our experienced attorneys will skillfully negotiate on your behalf to secure the best possible outcome. They will work to ensure that you receive fair compensation for your injuries, damages, and losses.
  • Litigation Representation: While not all cases require litigation, there may be instances where filing a lawsuit becomes necessary. If this is the best course of action for your case, our attorneys are prepared to handle all aspects of litigation. From initiating the lawsuit to representing your interests in court, they will navigate the legal process on your behalf.

These are just a few of the ways our pedestrian accident attorneys can assist you in maximizing your financial compensation. If you have any further questions or would like to explore your options, we encourage you to schedule a free consultation. Don’t hesitate to reach out to us for personalized advice and support.