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Pedestrian Accident: Wrongful Death Claims

02-07-2019 07:44 AM CET | Politics, Law & Society

Press release from: Crowson Law Group

According to the Washington Post on the subject of transportation, an article posted on January 23, 2019 stated that, “Between 2008 and 2017 nationally, 49 340 pedestrians were killed”. The article recorded statements from Emiko Atherton, the author of a study on pedestrian deaths by the group Smart Growth America, regarding a pedestrian danger index created using national pedestrian fatality count data from the period 2008 to 2017.  She stated that “Pedestrian safety is not getting better. We are at record highs when it comes to killing pedestrians. We haven’t hit this height since 1990.” 

Pedestrian accidents are usually caused by a distracted driver and result in an initial injury. However, many of these situations unfortunately quickly turn into loss of life. It is not uncommon for pedestrians to die in an accident through some form of traumatic impact on the individual especially when dealing with a car. 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 at some point during the accident. As a result, the individual requires immediate medical assistance in order to fully recover. Physical injuries sustained may harm the organs through broken bones and may result in a significant loss of blood. And it is due to these physical injuries that the pedestrian can die. A Crowson Law Group spokesperson stated, “It is important to note that a wrongful death claim can be brought forward where the death of the pedestrian results from the negligence of the driver involved in the accident.” 

One article states, “Pedestrians typically have the right of way unless they cross right in front of moving vehicles. So, for a wrongful death claim to be viable, the deceased must suffer injuries where death resulted from the actions of the driver in the wrong.” 

If a pedestrian is injured as a result of a driver’s negligence, he or she can receive compensation for such injuries by way of a personal injury claim. However, if the pedestrian dies, the available legal recourse is to file a wrongful death claim instead of a personal injury claim. Therefore, rather than the pedestrian filing their own claim, the claim is transferred to the surviving family or the deceased estate in order to receive compensation. Regarding a wrongful death pedestrian injury claim, compensation may be based on the death of a loved one, and emotional pain and suffering of losing that goes along with it; the compensation may also extend to financial support for the family in order to recover from the loss of income and loss of funding for the household. It may also include the recovery of funeral expenses. 

There are instances in which pedestrians injured pedestrians are severely injured from the impact of the accident and receive emergency medical services. They are cared for at the hospital in hopes that they will recover. Unfortunately, in some cases, the pedestrian’s injuries may become too serious for them to recover from or they may have internal damage that leads to organ failure resulting in death. In such cases the initial personal injury case will transform into a wrongful death claim. The personal injury lawyer car accident will not change, although the claims change.

About the company:

Crowson Law Group is a law firm of renowned professionals who handle only personal injury matters. For legal advice and representation for a Wasilla accident, contact Crowson Law Group’s Wasilla offices today.

Contact Information:

Company : Crowson Law Group Wasilla
Address: 1981 E. Palmer-Wasilla Hwy, Suite 220
Wasilla, AK 99654
Phone: 907-519-0193

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