Fatal pedestrian accidents are alarmingly common in the United States. In 2015, a pedestrian died every 1.6 hours on average, and more than 125,000 people on foot were treated in emergency departments for crash-related injuries.
Although suing the negligent driver will not bring the deceased back, it may help surviving family members achieve some sense of justice and closure. It may also provide compensation for funeral costs, medical bills, lost income, and other damages related to the loss.
In this blog, we’ll answer a few of the most frequently asked questions about pedestrian accident wrongful death claims. If you want personalized advice regarding your family’s specific situation, contact The Law Office of Richard M. Kenny.
Our compassionate pedestrian accident lawyers have more than 100 combined years of experience in legal practice. Call 212-421-0300 to schedule a free case evaluation with a wrongful death attorney in New York City.
Read on to learn the answers to three frequently asked questions about wrongful death claims stemming from pedestrian accidents:
- How Do I Prove Fault After a Fatal Pedestrian Accident?
While it may seem obvious that the motorist who struck your loved one was behaving negligently, you must provide sufficient proof of liability to recover compensation for any damages. A resourceful attorney can help you gather this evidence, which might include:
- The official police report;
- Eyewitness testimony;
- Surveillance or dash cam footage;
- Photographs of the wreckage;
- Cell phone records; and
- The results of any chemical tests conducted at the scene or shortly thereafter.
- Can I File a Wrongful Death Claim Even If the Deceased Had Been Jaywalking?
Recovering compensation following a pedestrian accident in which the victim was jaywalking can be challenging, but it is not impossible. If there were no crosswalks available, for example, and the pedestrian was crossing in a reasonably safe manner, surviving loved ones may be able to prove that the motorist was at least partially liable for the incident and is therefore partially responsible for the resulting damages. As long as the victim was not being negligent, the driver may shoulder some portion of fault because motorists in New York have a duty to remain alert, attentive, and aware of their surroundings at all times.
- When Should I Hire a Wrongful Death Lawyer?
If your loved one has died in a pedestrian accident, it is wise to seek legal counsel as soon as possible. A seasoned attorney will have the resources to gather time-sensitive evidence while it is still available. Your lawyer can also prevent you from making critical mistakes early in the proceedings that would jeopardize your family’s chances of recovering a fair settlement.
Call 212-421-0300 for a Free Consultation with a New York City Pedestrian Accident Attorney
At The Law Office of Richard M. Kenny, we are passionate about helping the injured and their loved ones pursue the compensation they need to put the pieces back together and move on with life. Richard Kenny has been practicing personal injury law since 1990. Call 212-421-0300 or use our Online Contact Form to set up a free consultation with a wrongful death lawyer in New York City.