Pedestrian Accidents That End in Wrongful Death: What Should Family Members Do

By: JML Law | December 13, 2017.
Pedestrian Accidents That End in Wrongful Death: What Should Family Members Do

Losing a family member is one of the most unpleasant and heart-wrenching experiences in life. Every time your loved one kisses you goodbye and walks out the door, there is a risk that this may be the last time you’re seeing him or her alive.

Blame the cars, or so they say. In reality, your loved one doesn’t even have to drive a car or ride a bus to be at high risk of getting into a motor vehicle accident.

Fact: About 15% of all fatalities in car accidents are pedestrians.

Every time a pedestrian and a car collide, it is the pedestrian who gets sustains severe injuries or dies. And while all drivers realize this, many of them don’t exercise proper care when driving through the streets of Long Beach, Riverside, and Los Angeles.

Whether the driver is distracted or is driving under the influence of alcohol or drugs – or simply fails to notice a pedestrian due to inattentive driving – a pedestrian can get killed while crossing the street or simply waiting at a bus stop.

Fact #2: A pedestrian is killed in a car accident every two hours.

Long Beach car accident leaves pedestrian dead

One such car accident took place in Long Beach. A man in his mid-to-late 20s was trying to cross Pacific Coast Highway when he was struck by a 2010 Chrysler 300 car.

The car was driven by a 58-year-old Cypress man. The car accident took place at PCH and Myrtle Avenue at about 9 pm on Friday, December 8.

Long Beach police say the pedestrian was not in a crosswalk when crossing the highway. The driver did not flee the scene of the car accident, and chose to stay, call 911 and cooperate with the police.

The pedestrian was pronounced dead at a nearby hospital. The police are still trying to ID the man, as there was no identification on him.

While the pedestrian may carry some amount of blame for the car accident due to not being in a crosswalk when crossing the highway, does it mean the driver is not guilty and cannot be held liable for wrongful death?

That’s the question we asked our Long Beach car accident attorneys at JML Law, a reputable law firm that has handled thousands of motor vehicle crashes in the past 35 years.

How to file a wrongful death claim under California laws

Under state laws in California, even if a pedestrian shares blame for a car accident, family members of the pedestrian may be entitled to financial compensation by taking legal action against the driver that struck the victim and is at least partially responsible for the accident.

Our car accident attorneys explain that it’s very rare for drivers to be completely blameless about car accidents involving pedestrians.

More often than not, however, drivers that hit pedestrians choose to flee the scene, turning the accident into a hit-and-run. Hit-and-run accidents are more difficult to litigate, as there is no wrongful death compensation available unless the police or a hit-and-run attorney finds the responsible driver.

Fact: About 20% of all pedestrian deaths are hit-and-run incidents.

If your loved one has been killed or injured in a car accident, contact a car accident lawyer immediately. Here at JML Law, we provide clients with the best course of action, investigate car accident claims to maximize your compensation, and represent you in your best interests in and out of court.

Call JML Law at 818-610-8800 or send an email for a free case evaluation.

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