Yes, after a pedestrian accident death, California law allows the decedent’s next of kin to pursue a claim for damages including medical expenses, lost wages and loss of companionship.
What Do I Have To Show To Win A Wrongful Death Lawsuit?
Unfortunately, pedestrians are the victims in a number of kinds of incidents in Californiaincluding automobile accidents, construction accidents, bicycle accidents, and dog attacks among others. Tragically, not all of them make it. We work with families that have lost loved ones in pedestrian incidents. We help them see how they can get recover, and how they can use the legal system to protect all of their rights. To make sure that you can pursue a wrongful death case in California, think about the following questions
1) What relationship did you have to the pedestrian that died?
2) How was the driver involved in the incident?
3) Did the driver’s conduct cause the death?
4) How did you suffer because of the passing?
You need to have affirmative answers to all of these questions in order to bring and win an California wrongful death case. Specifically, you must show that the deceased was a spouse or next of kin of yours; that the defendant actually caused his or her death; and that you suffered actual loss because of the death.
What Exactly Can I Recover From A Wrongful Death Lawsuit?
If you do bring a wrongful death case in California after your spouse or loved one was killed in a pedestrian accident, then there are a couple of areas of relief that you should focus on. First, the law awards plaintiffs for all of the burial or funeral expenses associated with the event as well as any out-of-pocket costs that it created. Second, the law respects the right of plaintiffs to recover for the financial support they would have received but for the death. For instance, if the decedent was working at the time of the accident or had investments, then plaintiffs can project future income and other forms of money when asking for damages. Third, the law allows plaintiffs to plead and prove that the death will cause intangible injuries, pain, or suffering in the future. In some situations, families and spouses can obtain other kinds of damages for pedestrian incidents but these three categories are the main sources of relief.
What Can I Do If The Vehicle That Hit Me Did Not Have Sufficient Liability Insurance To Cover The Amount Of My Injuries?
Unfortunately, many drivers in California carry the state minimum coverage of $20,000 per person per collision. In these situations, an injured pedestrian can only recover $20,000 for their injuries—regardless of their severity or the amount of medical expenses they have. In situations where an injured pedestrian’s injuries have a value in excess of the coverage provided by the driver, they can pursue an under-insured motorist case against their own automobile insurance company (assuming they have auto liability coverage in excess of the party that hit them.
For example, if a pedestrian is crossing the street and is hit by a car with $20,000 and the pedestrian has serious injuries requiring surgery with medical expenses well in excess of the amount of coverage on the driver, they could file an under-insured motorist claim with their company. If they had $100,000 in under-insured coverage, they could potentially recover an additional $80,000 from their policy.
In the case of a driver who did not have any liability insurance, an injured pedestrian could pursue an uninsured motorist case for their injuries.
Do You Have More Concerns About California Pedestrian Accidents?
Jimmie Kang Law Firm is devoted to helping families that have lost loved ones in pedestrian accidents across California. We can help you with no charges or costs upfront because we work on contingency. This will ensure that you don’t have to worry about a nickel until the entire dispute is over and you are satisfied. Call our offices today and someone from Jimmie Kang Law Firm will put you on the road to recovery immediately.
- Distracted Drivers
- Drunk Driving
- Hit and Run
- Crosswalk Accidents
- Pedestrian Accident FAQ
- Wrongful Death
- Brain Injury
- Back and Neck
Motor Vehicle Crashes
- Car Crashes
- Semi-Truck Accidents
- Bus Accidents
- Uninsured Motorists
- Parking Lot Accidents
- Van Accidents
For additional information see the following pages:
- Are There any California Laws to Protect Pedestrians in Crosswalks?
- I was Told That I was Partially at Fault for my Accident. Can I Still Pursue a Claim for my Injuries?
- Can I Pursue a Bicyclist That Hit me to Recover Compensation for my Injuries if I was Jogging on a Marked Bike Path?
- Can I File a Wrongful Death Lawsuit if my Family Member was Killed in a Pedestrian Accident?
- Do California Drivers owe Pedestrians any Special Duties of Care Under California Law?
- California Pedestrian Accident FAQ’s