The number of pedestrian fatalities in the United States has been soaring in recent years. The total number of people killed in these crashes is at a 40-year high [1]. If your loved one has been a victim of a fatal pedestrian accident, your family may be entitled to financial compensation. First, you would need to hire an experienced pedestrian accident lawyer to fight for your legal rights. The attorneys at Rosenfeld Injury Lawyers are experienced advocates who could deliver results for your family. Call us today to schedule your free consultation to discuss your case.

Leading Causes of Pedestrian Fatalities

Drivers can cause fatal pedestrian accidents for a number of reasons, including:

  • Speeding
  • Reckless driving
  • Distracted driving
  • Drunk driving
  • Running stop signs or red lights

In many cases, the driver is just plain careless. They may not be distracted, but they could not simply see the pedestrian in the crosswalk or attempting to cross at an intersection.

In every pedestrian accident case, you will have the burden of proof to show that the driver was at fault for the accident.

Pedestrian fatalities are at a 40-year high in the US

Why Pedestrian Fatalities Are Increasing

There are several reasons why fatal pedestrian accidents are increasing:

  • Drivers are becoming more reckless with less regard for rules and laws
  • Passenger vehicles are being designed to be larger, as automakers phase out less profitable sedans from their lineups
  • More people are taking to walking for exercise and transportation (especially with the rise in urban living)
  • Governments are not taking adequate measures to protect pedestrians as the number of cars on the road increases
  • More drivers are distracted, missing crosswalks and stop signs because they are looking down at their mobile devices

Holding Drivers Responsible for Pedestrian Deaths

Your family can and should file a wrongful death lawsuit against the responsible driver. In a wrongful death case, the loss of your loved one is your family’s own personal injury.

Your family would be able to recover your own damages that you suffered, such as:

  • The loss of the income that your family member would have earned
  • The grief that you suffered from suddenly and tragically losing a loved one
  • The loss of the guidance, love and support provided by the deceased person
  • Loss of consortium damages for the physical relationship that the deceased person had with their spouse

How to Prove the Driver Was Responsible

It would be up to the family to prove legal responsibility in a pedestrian crash. The legal standard in a pedestrian accident case is negligence. A family would need to prove that the driver acted unreasonably under the circumstances.

Here are some forms of evidence that can be used to prove liability for pedestrian fatalities:

  • Eyewitness testimony from people who saw what was happening at the time of the accident
  • Pictures from the scene of the accident
  • The police report written by the officer who showed up at the scene (although this cannot be used to prove the case in court, since it would be considered hearsay)
  • Testimony from an accident reconstruction expert

Your family’s attorney would gather the evidence needed to prove your claim and persuade the insurance company that the driver is liable.

The legal standard in a pedestrian accident case is negligence

Financial Compensation After a Hit and Run Accident

There are some instances when the driver of the vehicle does not stop, even after someone was killed in a pedestrian accident. Even though drivers have to stop at the scene of the crash, they may be afraid of the consequences or may not even know that they hit a pedestrian.

The family may still be able to recover financial compensation, even in a hit and run pedestrian accident when the driver did not stop and provide their insurance information. Pedestrians (and by extension their families) may file a claim against their own auto insurance policies after injury causing crashes.

Your family would still struggle because the insurance company can be difficult for their “own customers”. They typically don’t want to pay the full value of the claim,. They may not even want to pay at all, or may try to seek to assign a percent of blame to the deceased pedestrian, pointing a finger at them for their own injuries.

Nonetheless, your family can recover financial compensation up to the policy limit when you can prove that the driver was negligent in the accident.

Attorneys Helping Clients After Fatal Pedestrian Accidents

Rosenfeld Injury Lawyers can help when you need a tough and dedicated pedestrian accident attorney. We try to move obstacles out of your way when you are seeking the compensation that you deserve when someone else was to blame for the accident. Your first step is to reach out to us online or call us today at (800) 424-5757 to discuss your case. We offer free initial consultations, and we do not charge you anything unless we are able to help you win your case.

Resources: [1] IIHS

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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