How to Pursue a Wrongful Death Claim if Your Loved One Died in a Pedestrian Accident

 Posted on July 31, 2023 in Wrongful Death

Pedestrian accidents took the lives of over 5,000 people in Texas last year, representing a 15 percent increase compared to the prior year. It goes without saying that losing a loved one in such a sudden, brutal way is absolutely devastating to those left behind.

If your spouse, parent, child, sibling, or another loved one died in a pedestrian accident, you may be able to take legal action in the form of a wrongful death claim. Legal action cannot undo the tragedy, but it may help you and your family pursue justice and recover some much-needed financial stability. In this article, we'll discuss what a wrongful death claim is, how to file one in Texas, and what to expect in the process.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil claim filed by the loved ones of someone who died due to the negligence or wrongful act of another party. If you win your case, you may be awarded damages to cover things like funeral and burial expenses, lost income and benefits, and more. Texas law defines a wrongful death as a death caused by "the wrongful act, negligence, carelessness, unskillfulness, or default" of another person or entity.

There are many different ways a pedestrian accident can happen, but some common causes include:

• Distracted driving

• Drunk driving

• Drugged driving

• Defective auto parts

• Poorly maintained roads

• Speeding

• Failure to yield

The at-fault party in a pedestrian accident case is usually the driver of the vehicle that hit the pedestrian. However, in some cases, it may be another party, such as the municipality responsible for maintaining the roads or ensuring that stop signals are functioning properly.

How to File a Wrongful Death Claim in Texas

In Texas, there are strict deadlines in place for filing a wrongful death claim. The statute of limitations gives you two years from the date of your loved one's death to file a lawsuit. If you miss this deadline, you will likely be barred from taking any legal action against a third party (note that the statute for an underinsured/uninsured motorist claim in Texas is four years).

If you decide to pursue a wrongful death claim, the first step is to hire an experienced pedestrian accident lawyer in Texas. Your lawyer will investigate the circumstances of the accident and gather evidence to support your claim. This may include things like the police report, eyewitness testimony, surveillance footage, downloading the vehicle’s black box, and more.

Damages in a Fatal Pedestrian Accident Case

Money cannot ever make up for the life of a human being. However, financial compensation through a wrongful death claim can help ease the burden on the victim's family and provide some stability during this difficult time.

Some of the damages that may be available in a pedestrian accident wrongful death claim include:

• Lost income and benefits the deceased person would have earned

• Funeral and burial expenses

• Medical bills related to the accident, including ambulance fees and hospital bills

• Loss of consortium and companionship

• Lost inheritance

Contact a Collin County Wrongful Death Lawyer

The thought of initiating a complex legal undertaking while simultaneously grieving the loss of your loved one may seem overwhelming. Let the McKinney pedestrian accident attorneys at Burress Injury Law handle your wrongful death claim for you. Our team is highly experienced in fatal accident cases. We will help you seek justice and financial compensation for your damages. Call us at 214-726-0016 for a free, confidential case evaluation.

Source:

https://www.txdot.gov/content/txdotreimagine/us/en/home/safety/traffic-safety-campaigns/pedestrian-safety.html