Understanding Your Rights After a Fatal Pedestrian Accident

 Posted on July 25, 2022 in Car Accidents

Losing a family member in a pedestrian accident is one of the most shocking and devastating things a person can go through. The devastation cuts even deeper if the collision was caused by a driver’s negligent or reckless actions.

Individuals who have lost a loved one in a pedestrian crash may be able to file a wrongful death claim against the at-fault driver. A wrongful death claim cannot undo the grief and despair resulting from the death. However, a claim may accomplish two vitally important acts: Holding the driver accountable and recovering financial compensation for damages.

Wrongful Death Laws in Illinois

Illinois law states that a wrongful death is a death caused by the negligent or wrongful actions of another party. Negligent driving is an umbrella term that includes nearly countless actions. A driver may be considered negligent if he or she causes a fatal pedestrian accident due to:

• Distracted driving
• Intoxicated driving
• Speeding
• Failure to yield
• Running a stop signal
• Inattention during a left-hand turn

Drivers have a legal obligation to follow the rules of the road and drive in a safe, cautious manner. If a driver breaches this duty, he or she may be liable in a civil legal action such as a wrongful death claim. Negligent driving is one of the most common causes of pedestrian accidents. However, it is also possible that fault for a deadly pedestrian collision lies with another party. For example, if a defective traffic light causes a pedestrian collision, a government entity may be legally responsible. If the collision was caused by malfunctioning brakes or another vehicle defect, a manufacturing company or even a repair shop may be liable.

Damages in a Wrongful Death Claim

Filing a wrongful death claim is about much more than monetary compensation. For many grieving families, a wrongful death claim is the best way to seek justice for their deceased loved one and hold the at-fault party accountable for their actions. Wrongful death claims may allow for the recovery of compensation for lost financial support the deceased person used to provide to the family. This may include compensation for lost income as well as lost employment benefits.

The family may also be entitled to financial compensation for their mental suffering, loss of consortium, loss of companionship, the children’s loss of parental guidance, and more. A claim under the Illinois Survival Act may allow for the recovery of compensation for medical bills, funeral and burial costs, and related losses.  

Contact a Winnebago County Personal Injury Claim

If your loved one died in a pedestrian accident, contact Mannarino & Brasfield, A Division of Schwartz Jambois, to learn more about taking legal action. Our compassionate and highly experienced Rockford wrongful death attorneys can answer your questions and help you explore your options. Call 815-215-7561 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57