Fatalities Caused by Pedestrian Accidents
Pedestrian accidents are often devastating for a victim. A car that strikes a pedestrian is likely to cause seriously injure the pedestrian , even at a low speed, because pedestrians have no protection from the vehicle or the road surface. For the victim, an afternoon walk or simple jog can turn into an absolute nightmare if a motorist fails to pay adequate attention. In many unfortunate instances, pedestrian accidents can have deadly consequences. This is especially true when the vehicle involved was traveling at a high speed or was particularly large, such as a truck or delivery van. Losing a loved one as a result of another person’s negligence is a traumatic and life-altering event for the survivors. Although no amount of compensation will ever truly make you whole again, it will address many of the financial consequences that arise from a tragic loss of life. The Boston wrongful death lawyers at Breakstone, White & Gluck have provided legal counsel to many families, and we are standing by to assist you.Seek Justice on Behalf of a Loved One After a Fatal Pedestrian Accident
Each state has its own approach to wrongful death lawsuits. Under Massachusetts law, if an individual loses his or her life as a result of an accident, the personal representative of the victim’s estate (formerly referred to as the administrator or executor of the victim’s estate) can bring a lawsuit to recover compensation on behalf of the Estate of the victim. To prevail, the plaintiff’s attorney must show that the defendant failed to operate his or her vehicle according to a specific standard of care at the time of the accident and that this failure caused the victim’s death. When it comes to operating a vehicle, the standard of care requires drivers to use the same reasonable care and skill that a prudent motorist would use. This encompasses many factors, such as yielding the right of way to pedestrians, stopping at stop signs and traffic lights, and taking extra care in areas where children are likely to be present.
One of the most common causes of pedestrian accidents is distracted driving. When drivers are not focused on their surroundings, they are more likely to fail to notice nearby pedestrians who may have the right-of-way in a crosswalk or sidewalk area. Fatigued driving is also a common cause of pedestrian accidents. As drivers nod off behind the wheel, their vehicles may travel onto sidewalks or through intersections when they do not have the right to proceed. If your injury attorney can show that the driver who caused the fatal crash ran a red light or violated a crosswalk rule at the time that the accident occurred, they can use this as evidence to help show that the defendant failed to operate the vehicle with due care.
After showing that the defendant did not drive with appropriate care and skill, the family’s attorney must prove that this failure was the cause of the victim’s death. The final but still critical phase of a wrongful death lawsuit involves gathering documents, testimony, and other evidence to show the amount of compensation that the decedent’s Estate should be awarded. The personal representative of the Estate can seek reimbursement for any medical expenses incurred as a result of the accident, as well as funeral costs. Certain surviving relatives of the victim can also seek compensation for the value of the income that their family member would have been reasonably expected to earn throughout his or her remaining lifetime. In addition, certain relatives can request compensation for the loss of their loved one’s companionship, love, and guidance. Finally, Massachusetts allows a plaintiff to seek punitive damages in wrongful death cases when gross negligence of the driver is proven. Gross negligence is a more serious form of negligence and requires a showing of a very high degree of reckless behavior on the part of the driver. This category of compensation is meant to punish defendants whose conduct was particularly reckless, willful, or intentional.Meet with a Diligent Pedestrian Accident Lawyer in Boston
At Breakstone, White & Gluck, we have handled many wrongful death claims on behalf of grieving families following fatal pedestrian accidents or other fatal car crashes. As a result, we have witnessed the pain and devastation that survivors face when a loved one passes unexpectedly and needlessly. Helping people in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, among other cities, we have the knowledge and experience that it takes to ensure that your legal rights are asserted to the fullest extent. To schedule your free consultation, call us now at 1-800-379-1244 or contact us online.