Under the Fatal Accidents Act, compensation for a fatal pedestrian accident is designed to help surviving family members cope with the financial and emotional toll of losing a loved one. Compensation can cover funeral expenses, loss of income, loss of companionship, emotional distress, and loss of services that the deceased provided, such as childcare or household duties. In some cases, punitive damages may also be awarded if the at-fault party’s (defendant’s) actions were particularly reckless.
A skilled pedestrian accident lawyer can be instrumental in securing the compensation that you and your family deserve. They will navigate the legal process for you, gather necessary evidence, and calculate the full extent of your losses, including both economic and non-economic damages. By handling negotiations with insurance companies, your lawyer can fight for a fair settlement. If necessary, they will also be ready to take your case to court, ensuring that your rights are protected during this difficult time.
How Do Negligent Drivers Cause Fatal Pedestrian Accidents?
Fatal pedestrian accidents are often the result of negligent driving behaviours that may have been prevented. When drivers fail to follow traffic laws or drive without full attention, they put pedestrians at serious risk. One of the most common causes of fatal pedestrian accidents is distracted driving. Many drivers use their phones, adjust their radios, eat, or engage in other activities while behind the wheel. Even looking away for a few seconds can prevent a driver from seeing a pedestrian crossing the street. This type of negligence is especially dangerous in busy areas where people frequently walk.
Speeding is another major factor in deadly pedestrian accidents. When a driver is travelling at high speeds, they have less time to react if a pedestrian steps into the road. The faster a car is moving, the harder it is to stop in time. Additionally, the force of a collision at high speeds is far more severe, increasing the likelihood of fatal injuries. Speeding in residential areas, school zones, and intersections makes pedestrian fatalities even more common.
Failing to yield the right-of-way is another way negligent drivers cause fatal accidents. Pedestrians have the legal right to cross at designated crosswalks, but some drivers ignore traffic signals or fail to check for pedestrians before turning. When a driver turns without looking, they can hit a pedestrian who is lawfully crossing the street. These types of accidents often happen at busy intersections.
Driving under the influence of alcohol or drugs is a serious danger to pedestrians. When a driver is impaired, their vision, coordination, and reaction time are all affected. Drunk or drugged drivers may fail to notice pedestrians or react too slowly to avoid hitting them. Many fatal pedestrian accidents occur at night when impaired drivers are more likely to be on the road and pedestrians are harder to see.
Running red lights and stop signs is another common cause of pedestrian deaths. Some drivers speed through intersections or roll through stop signs without stopping. When this happens, pedestrians who are legally crossing the street may be hit by a driver who fails to obey traffic signals.
Negligent drivers also cause fatal pedestrian accidents when they fail to adjust to poor weather conditions or low visibility. Rain, fog, and darkness make it harder to see pedestrians, but it is the driver’s responsibility to slow down and remain alert.
Who Can File a Wrongful Death Claim Arising from a Fatal Pedestrian Accident?
The Fatal Accidents Act allows for the executor or administrator of the deceased individual’s estate to bring a wrongful death action on behalf of surviving family members. The executor or administrator is responsible for managing the legal process and ensuring that any compensation awarded is distributed appropriately to those entitled to receive it. Specific family members who may be eligible to recover compensation in a wrongful death claim or lawsuit include the deceased individual’s surviving:
- Spouse (or adult interdependent partner)
- Children (including grandchildren and stepchildren)
- Parents
- Siblings
While extended family members such as cousins or close friends may feel deeply affected by the loss, they typically do not have the right to file a wrongful death claim unless they were financially dependent on the deceased.
How to Prove a Fatal Pedestrian Accident Case Successfully
To successfully prove a fatal pedestrian accident under the Fatal Accidents Act, certain steps must be followed to establish that the death resulted from someone else’s negligence or wrongful conduct. The process can be complicated, but gathering key evidence and meeting legal requirements is crucial for a successful claim.
The first step is to prove that the driver’s actions were negligent. This means showing that the driver failed to act with the care that a reasonable person would have exercised in the same situation. Common examples of negligence include speeding, distracted driving, driving under the influence of alcohol or drugs, or failing to yield to a pedestrian at a crosswalk. To prove negligence, the plaintiff (usually a close family member of the deceased) must show that the driver owed a duty of care to the pedestrian, breached that duty, and caused the fatal accident.
Once negligence is established, it’s important to demonstrate that the driver’s actions directly led to the pedestrian’s death. This involves gathering evidence like police reports, witness testimony, and medical records. A detailed police report can confirm the circumstances surrounding the accident, such as the location, time, and conditions when it occurred. Witnesses who saw the accident happen can provide vital testimony regarding the driver’s behaviour or the pedestrian’s actions before the crash.
Next, medical records play an important role in proving the cause of death. The plaintiff will need to show that the pedestrian’s death resulted directly from the injuries sustained in the accident. Autopsy reports, hospital records, and expert medical opinions can establish the link between the accident and the fatal injuries.
Finally, it is essential to calculate and present the damages that the surviving family members suffered due to the deceased individual’s untimely death. This includes funeral expenses, loss of income, emotional pain, and loss of companionship. An experienced pedestrian accident lawyer can gather all of the appropriate evidence, prove the legal elements of negligence, and calculate damages, ensuring that the claim has the best chance of success.
By following these steps, a wrongful death claim or lawsuit can be proven, and compensation may be awarded to the surviving family members for their losses.
What Happens During Wrongful Death Litigation?
When a fatal pedestrian accident occurs due to another person’s negligence or recklessness, the surviving family members of the deceased individual may recover compensation under the Fatal Accidents Act. Litigation may become necessary when there is a dispute about who was at fault, when an insurance company refuses to offer fair compensation, or when the responsible party denies liability altogether. In such cases, pursuing a lawsuit in court can help to ensure that the family receives sufficient financial support for their loss, including damages for grief, loss of companionship, and any expenses incurred as a result of the deceased individual’s death.
The litigation process begins with filing a lawsuit in court. The first step is for the plaintiff (usually the estate administrator or executor) to submit a Statement of Claim. This legal document outlines the details of the accident, the parties involved, and the compensation being sought. Once the lawsuit is filed, the defendant, who may be a negligent driver or another party responsible for the accident, must be officially notified. This is done through a process called service, where the legal documents are delivered to the defendant, giving them an opportunity to respond.
After being served, the defendant files a Statement of Defence, which may either admit or deny responsibility for the accident. The defendant may argue that they were not at fault. If the defence challenges liability, the case moves forward to the discovery phase. This stage involves both sides exchanging evidence, such as accident reports, witness statements, medical records, and expert opinions. Lawyers from both parties also conduct questioning, where witnesses and involved parties are interviewed under oath to clarify facts and strengthen their arguments.
Following discovery, the parties may attempt to reach a settlement outside of court. Negotiations are common in these cases, as a settlement can save time and legal costs for both sides. Mediation may also be used, where a neutral third party helps facilitate an agreement. However, if a settlement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence and call witnesses to testify. A judge, and in some cases, a jury, will determine whether the defendant was negligent and decide on the appropriate amount of compensation to award the surviving family members.
Litigating a fatal pedestrian accident case can be a complicated and emotional process for families. While many cases settle before reaching trial, going to court may be necessary to secure fair compensation for the loss of a loved one.
Recoverable Compensation for Fatal Pedestrian Accidents
Under the Fatal Accidents Act, various types of compensation are recoverable by surviving family members of a pedestrian killed in an accident due to someone else’s negligence. These damages are designed to provide financial relief and acknowledge the emotional and practical effects of the loss. The compensation can be divided into both economic and non-economic categories.
One of the most common recoverable losses is funeral and burial expenses. Losing a loved one suddenly can result in significant financial strain. Funeral costs, such as the funeral service, burial plot, casket, and other related expenses, can quickly add up. Under the Fatal Accidents Act, family members who are eligible to file a claim may be entitled to recover these expenses as part of the wrongful death claim or lawsuit.
Another important damage is the loss of financial support. If the deceased was the primary income earner in the family, the surviving spouse, children, or dependents may be entitled to receive compensation for lost income. This includes the earnings the deceased would have earned in the future had they not been killed. The amount of compensation will typically depend on factors such as the deceased’s earning capacity, their age, and the family’s dependency on their income. Financial experts may be used to calculate the value of these future earnings.
Loss of companionship and emotional distress is another form of non-economic damage. The death of a loved one often causes immense grief, sadness, and mental anguish for surviving family members. Compensation for this loss is intended to address the emotional suffering resulting from the loss of the deceased’s love, care, and companionship. While harder to quantify, these damages reflect the deep emotional effect the death has on the family.
Loss of services is another category of damages that may be claimed. If the deceased provided important services to the family, such as taking care of children, doing household work, or offering care to an elderly relative, the surviving family members may be entitled to compensation for the loss of these services. This can include hiring a replacement or compensating for the time and effort needed to fulfill the deceased’s duties.
In rare cases, punitive damages may also be awarded if the defendant’s actions were especially reckless or malicious. For example, if the at-fault driver was under the influence of alcohol or drugs at the time of the accident, punitive damages may be considered to punish the defendant and deter similar wrongful behaviour in the future.
An experienced pedestrian accident wrongful death lawyer can navigate the legal process for you and ensure that your family receives fair compensation for their losses.
Contact an Experienced Pedestrian Accident Lawyer Right Away
If you recently lost a loved one in a fatal pedestrian accident, it’s important that you have a knowledgeable personal injury lawyer on your side right away. Nothing can change what has already happened, but you can protect your family’s future. Your lawyer can file a wrongful death claim and take the necessary steps to recover the compensation that you and your family need at this difficult time.
