Semi-Truck Accident 101: What Every Passenger Car Driver Should Understand

Pedestrian Wrongful Death Lawsuits: What You Need To Know

24 June 2018 by Kenneth Graham

Sadly, pedestrian-related car accidents happen. In some cases, pedestrians are killed due to being hit by a vehicle. There could be any reason to the cause of these accidents, from simply not paying attention to driving under the influence. The dependents of the person who was killed in the accident may want to be compensated for the damages caused by the loss. If you are involved in a pedestrian-related car accident that resulted in death, you need to keep the following in mind.

The Family Can File a Wrongful Death Lawsuit

The family members of the deceased may choose to file a wrongful death lawsuit to recoup some of the damages caused by the death. This is a civil case that is filed against a defendant for the purpose of getting financially compensated. This case will not result in any criminal charges being filed, as that will be handled separately.

In a wrongful death lawsuit, the defendant, or the driver of the car that hit and killed the pedestrian, will be found either liable or not liable for the damages. If you are found liable, you will be responsible for paying damages to the family, which will be determined by the judge.

Deciding Who Has Burdon of Proof

When a pedestrian is killed by a person driving a vehicle, the burden of proof is on the family members filing the lawsuit. They will have to show evidence that the driver of the car was acting negligently or irresponsibly, which resulted in the death of their loved one.

For example, if you were driving a car while drinking alcohol, they could secure the burden of proof by obtaining the police report that contained your blood alcohol levels or the results of your field sobriety tests.

In an accident not related to using alcohol or drugs, the family members would have to provide other forms of evidence to show you were negligent. For instance, if you were texting on your phone while driving and ultimately hit and killed a pedestrian, the family could produce a witness who saw you using your phone instead of paying attention to the road. If the witness is deemed credible, his or her testimony will be valid in court and can result in a ruling in the favor of the deceased's family members.

If you have been involved in a pedestrian-related accident, it is critical to speak to an attorney as soon as possible. You can face both civil and criminal charges simultaneously. For more information, contact a company like Wells and McElwee.

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