Wrongful Death Claims Involving Pedestrians
Motor vehicles killed more than 7,000 pedestrians in 2020 – a rate of about one death every 75 minutes, according to the Centers for Disease Control and Prevention. Last year, the pedestrian death toll was more than 7,400, according to the Governors Highway Safety Association.
Pedestrian deaths are increasing faster than all other traffic fatalities, rising by 54% between 2010 and 2020 GHSA statistics show. Among the reasons for the increase is the changing nature of motor vehicles; more people are driving SUVs capable of inflicting greater damage on impact with a human body. The global fleet of SUVs has increased from less than 50 million in 2010 to around 320 million in 2021, according to the International Energy Agency. That’s equivalent to the total car fleet of Europe.
Where and Why Do Most Fatal Pedestrian Accidents Occur?
According to the National Safety Council, most pedestrian accident fatalities occur in urban areas, away from intersections, and at night.
There are many different factors that can contribute to a pedestrian accident, including:
- Distracted driving
- Reckless driving
- Drunk driving
- Poorly lit roads
- Pedestrians in dark clothing
- Hazardous road conditions
The experienced attorneys at the William Mattar P.C. have the knowledge to guide you through a wrongful-death claim so you can focus on grieving the loss of your loved one. Contact us today.
How We Can Help
Here are some steps to consider if you are entitled to pursue a wrongful death claim:
- Determine whether you have a valid claim. New York’s wrongful death statute allows certain family members , through a qualified personal representative, to seek damages when their loved one dies as a result of someone else’s negligence. If you have lost a spouse, child, parent, or sibling, you may be able to bring a wrongful death claim.
- Gather evidence to support the claim. This may include witness statements, photos or videos of the accident scene, a copy of the police report, or all of the above. An experienced attorney can work with you to collect evidence and build a strong case.
- File a wrongful-death lawsuit. Once the suit is filed, the process of discovery begins. This is where both sides exchange information and evidence. After discovery is complete, the case may settle or go to trial.
No amount of money can truly compensate someone for the loss of a loved one, but filing a wrongful death claim can help ease the financial burden faced and hold the negligent party accountable.
If you have lost a loved one in a pedestrian accident, contact William Mattar P.C. today to schedule a free consultation. Our experienced wrongful death attorneys can review your case and help you decide if filing a claim is right for you.
How Long Do You Have to File a Wrongful Death Lawsuit?
In New York, there is a statute of limitations for filing a wrongful death lawsuit. This means that you have a certain amount of time after your loved one’s death to file a claim. If you do not file within this time period, you will likely be barred from doing so. At this time,the statute of limitations for most wrongful death claims in New York is two years .
What Damages Can You Recover in a Wrongful Death Lawsuit?
At the time of this writing, those successful in a wrongful death lawsuit, may be able to recover damages for pecuniary, or money-related, losses including ”loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the decedent’s death. . . “ Pending legislation may greatly expand the type of damages that can be claimed after a wrongful death .
The Law Offices of William Mattar, P.C. has the knowledge and experience to help after a pedestrian accident. . Our experienced wrongful death attorneys can review your case and help you decide if filing a lawsuit is right for you.
What Can You Expect as a Lawsuit Plays Out?
The process of filing a wrongful death lawsuit can be complicated and time-consuming. It is important to have an experienced attorney by your side to guide you through the process and protect your rights.
The Bottom Line
Wrongful death lawsuits are civil actions brought by the survivors of a person who has died due to the negligence or misconduct of another. In a wrongful death lawsuit, the survivors seek damages from the person or persons responsible for the death.
The purpose of a wrongful death lawsuit is to hold the responsible party accountable for their actions and to compensate the survivors for their losses. The experienced attorneys at William Mattar, P.C. can help you navigate the legal process and fight for compensation. Contact us today to schedule a free consultation. 844-444-4444.