3 unique factors in a pedestrian wrongful death case

3 unique factors in a pedestrian wrongful death case

On Behalf of | Jan 22, 2025 | Wrongful Death

Pedestrian wrongful death cases often involve unique legal and factual challenges. Proving fault and recovering maximum compensation requires different considerations compared to an accident involving two drivers.

Understanding these factors can help families overcome the legal complexities surrounding such a tragic accident.

California’s right-of-way laws

The California Driver’s Handbook outlines specific right-of-way laws. These laws play a significant role in pedestrian wrongful death cases. Drivers must yield to pedestrians crossing the street at marked crosswalks and unmarked crosswalks at intersections. 

However, pedestrians must also exercise care and avoid moving suddenly into traffic. Establishing whether either party violated these laws can determine liability in a wrongful death claim.

The role of comparative negligence

California follows a comparative negligence rule, which can impact the outcome of a wrongful death case. Under this rule, courts assign a percentage of fault to each party involved in an accident. 

For example, a pedestrian who crossed the street outside a crosswalk could share some responsibility for the accident. This percentage of fault may reduce the damages awarded in the case. Properly evaluating fault and presenting evidence becomes crucial in these situations.

Unique challenges with insurance claims

Insurance issues often arise in pedestrian wrongful death cases. California requires drivers to carry liability insurance, but the minimum coverage may not fully compensate a family for their loss. In some cases, the at-fault driver may lack sufficient coverage or any insurance at all. 

Uninsured or underinsured motorist policies can provide additional compensation. Families must review all available coverage options to recover the damages they are eligible to receive.

Addressing these unique and complex issues requires careful evaluation of the circumstances around an accident. Families can protect their rights by understanding these legal principles and seeking justice for their loved ones.