Wrongful Death Claims for a Pedestrian Car Crash


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Pedestrian car crash or a driver hitting a pedestrian why driving a car can be scary, but not uncommon, according to Nolo. Unfortunately, a pedestrian-car crash can result in death for the person hit by the car. When this occurs the pedestrian’s family can file a wrongful death claim. A wrongful death claim is a legal term that refers to the negligence of another person such as a driver which resulted in the death of someone. Usually, the family will sue for compensation for medical expenses incurred, burial services and financial loss to the family. When a wrongful death claim is filed, the pedestrian’s family must prove that the driver was at fault or negligent and cause the accident. To be successful in a pedestrian car accident wrongful death claim, it’s important to gather as much evidence as the family can to prove the claim.

Documents That Are Important In a Wrongful Death Claim

Typically, when there is a car accident where there are injuries, a police officer is often called to the scene to make a police report. Once at the accident scene the police will take statements from the driver and witnesses. The police officer will also take notes regarding the scene of the accident. Therefore, the police report will include information that will help the pedestrian’s family prove their wrongful death claim.  In addition, obtaining witness names are important to obtain. Witnesses may testy later if the claim because a lawsuit.

Submitting Evidence

The driver’s insurance company may pay for the wrongful death claim. However, the family should check with their local laws regarding pedestrian-car accidents. For instance, according to Nolo states like Virginia and Maryland are called pure contributory negligence rule states. In other words, if the pedestrian is found to have contributed—even in the slightly bit—to the accident, then damages can’t be recovered from the driver and their car insurance company.

Legal Help Regarding a Wrongful Death Claim

A wrongful death claim is complicated to prove. Therefore, a pedestrian’s family should seek legal help from a personal injury lawyer. The lawyer will review the facts of the car accident and determine what type of evidence is needed to prove the wrongful death claim. If the driver or their insurance won’t pay, the personal injury lawyer will prepare the claim to go to trial.

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