Wrongful Death Lawsuits for Fatal Pedestrian Accidents

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A fatal pedestrian accident may be grounds for a wrongful death lawsuit. Surviving family members may seek justice for their loved one and receive financial compensation. A wrongful death fatal pedestrian accident lawyer can represent you. Call Bobby Jones Law today.

Lawsuits for Fatal Pedestrian Accidents

What type of legal claim is it for someone who dies in a pedestrian accident?

A pedestrian accident death legal claim is a potential wrongful death case. It is based on a death occurring because of the legal fault of the responsible party, usually a motor vehicle driver.

While no legal action can undo the harm that has occurred, the responsible party may pay compensation to the victim’s surviving family or their estate. This compensation is a recognition of the legal fault of the offender and the harm that has resulted because of their actions.

Examples of driver negligence that contribute to fatal pedestrian accidents

Here are some examples of driver negligence that may cause or contribute to a fatal pedestrian accident:

  • Speeding
  • Driving too fast for conditions
  • Distracted driving, like texting, putting on makeup, or letting your mind wander
  • Not looking for the possibility of pedestrians
  • Failing to stop before a crosswalk
  • Not allowing pedestrians to use the right of way to cross, cutting them off while making a turn
  • Drunk driving, driving under the influence of drugs
  • Road rage, aggressive driving
  • Unsafe lane changes
  • Other unsafe driving behaviors

Most pedestrian deaths are the result of an accident as opposed to intentional conduct. Legally speaking, they are the result of negligence. Negligence may be sufficient for a legal claim for a pedestrian accident. A claim may also be based on reckless or intentional acts.

Other contributing causes of fatal pedestrian accidents

Other things that may contribute to pedestrian accidents include:

  • Lighting
  • The length of the shoulder or pavement
  • A chain reaction involving multiple vehicles and events
  • Road design and the location of crossings
  • Weather and road conditions
  • Objects falling from a vehicle, a load being transported that is not secure

At the time an accident occurs, you may not know the cause. A police investigation may be incorrect or incomplete. We work with accident reconstruction experts, and we conduct our own investigation. Let our team determine how the accident occurred and explore the possible grounds for compensation.

Pedestrian Accident Wrongful Death and Survival Actions in South Carolina

Wrongful death and survival actions are two types of legal claims that may arise following a pedestrian accident death in South Carolina. Where a person has the right to bring a personal injury claim if they had lived, wrongful death and survival actions provide justice when a person loses their life.

Facts about pedestrian wrongful death claims in South Carolina

  • A wrongful death claim may pay compensation to qualifying family members who survive the victim
  • The executor or administrator starts the case on behalf of the family
  • They must prove the legal fault of the defendant and the right to compensation
  • Negligence must be proven along with causation of the injuries causing death
  • Damages are based on the harm that has resulted to survivors because of the loss of a loved one. Any claim involving wrongful death seeks a high amount of damages
  • A wrongful death claim can occur whether or not there are criminal charges or a traffic ticket issued
  • In the event of the death of a wrongdoer, the cause of action survives against their estate
  • A wife, husband, child, parent, or heirs may be the beneficiaries of the claim. It depends on what survivors there are and their respective relationships to the victim
  • Damages are split by law in shares as though the victim had died without a will
  • A parent’s entitlement may be limited if they didn’t support the decedent during his or her minority
  • The personal representative has the authority to settle a wrongful death or survival action. A court must approve any settlement

You have the right to legal representation. With high claim amounts, those responsible are not likely to offer fair compensation. There is a good chance that an insurance company will be involved. Having an experienced lawyer handle your claim means working with a professional who knows how insurance companies try to minimize compensation. Your lawyer assists you in pursuing your claim correctly and efficiently.

Is a wrongful death claim the same as vehicular manslaughter?

A wrongful death claim may be based on negligence or more serious misconduct like recklessness or intentional actions. Vehicular homicide is when a death occurs from a person driving with reckless disregard for the safety of others. While vehicular homicide is certainly grounds for a wrongful death claim, negligence is also grounds for a wrongful death claim. (S.C. Code § 56-5-2910).

Damages and Compensation

Damages and compensation awarded in a wrongful death lawsuit for a fatal pedestrian accident may include:

  • Last medical bills
  • Lost wages, benefits and future earnings
  • Pain and suffering
  • Loss of companionship, guidance and support
  • Funeral expenses

In addition, a survival action may allow the victim’s estate to seek compensation for pain and suffering after injury, emotional anguish, last medical bills and funeral expenses. Medical bills and funeral expenses should be claimed by the party that paid them, whether it is a family member or a part of the survival action.

How a lawyer can help you

A wrongful death claim can provide answers, justice and financial compensation. For a pedestrian fatal accident, getting fair compensation can be challenging. Robert “Bobby” Jones is an experienced lawyer who brings wrongful death lawsuits on behalf of victims. He knows the evidentiary and procedural challenges that are critical to success when a death involves a pedestrian.

The Bobby Jones Law team wants to help your family while you are grieving the loss of a loved one. We handle all steps of the case, representing your interests and working with you to create a legal plan for your situation and goals.

Talk to a Lawyer Now – Free Consultation

If you have lost a loved one in a pedestrian accident, we invite you to talk to lawyer Bobby Jones. A wrongful death lawsuit for a pedestrian accident may be available to you. Reach out for a free and confidential consultation about your situation. Time is limited, so don’t wait. Contact us now to talk to our team.

The team at Bobby Jones Law LLC works tirelessly for the injured in South Carolina. His achievements include:
  • More than $60 million collected for our clients
  • Multiple recoveries exceeding $1 million, including an eight-figure settlement
  • Recognized by Best Lawyers in America
  • Named among the “Best Law Firms” by U.S. News & World Report
  • Named to the Top 100 Trial Lawyers by The National Trial Lawyers
  • Named to Super Lawyers 2017–2024
  • Member of the Million Dollar Advocates Forum
  • Selected as Legal Elite of the Upstate 2021–2023
We’re humbled to be considered one of the top firms in the Upstate and invite you to learn what sets our award-winning legal services apart. Call or request a consultation online.
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