Fleeing Driver Causes Fatal Pedestrian Accident on Highway 12
A fatal pedestrian accident on January 11 in Fairfield appeared to involve a fleeing driver. Fairfield Police Department officers found the body along Highway 12 close to Pennsylvania Avenue at about 8:19 a.m. The injuries found on the pedestrian’s body appeared to indicate that person had died in a traffic-related incident. No additional details were provided except that an investigation was underway to determine more information.
Fatal Pedestrian Accident Increase
The number of pedestrian deaths has escalated in the past several years. This is due, in part, to an increase in walkers and traffic congestion. Other reasons for the uptick are speeding, motorist distraction and faulty infrastructure. Drug and alcohol use, failure to yield and lack of visibility all increase the frequency of pedestrian deaths.
Losing a Loved One in a Fatal Pedestrian Accident
Losing a family member to the negligence of another is bad enough, but learning that your loved one has died in a pedestrian accident can be overwhelming. No one wants to receive this news, yet far too many people face the grief this causes every day. Families seek not just retribution but justice for the person they lost. To meet this end, families must file a wrongful death lawsuit against the driver.
Wrongful Death Lawsuit in a Fatal Pedestrian Accident
If the wrongful death claim is successful, the family can receive damages for the following:
- Funeral and burial expenses
- The wages the decedent would have earned had they not died
- The inheritance family members would have received
- Monetary compensation for hiring others to perform jobs previously done by the decedent, such as mowing the lawn, childcare or filing tax returns
- A spouse can file a loss of consortium claim, which covers the love and emotional comfort they would have received had their husband or wife lived
A survival action can be filed if the deceased lived for a time after the accident. This claim is a personal injury claim filed for the decedent and persists after their demise. A survival action is generally filed simultaneously with a wrongful death lawsuit.
If the cause of death was particularly egregious, the family could file a punitive damages claim. The amount in a claim of this type is determined by the court. A punitive claim is not meant to render compensation to the family but act as a deterrent and punishment for the negligent party.
Although it is challenging to locate a fleeing driver, we do our best to help identify the person. Our search is done using proper investigative techniques and even canvassing the neighborhood. If the hit-and-run driver cannot be found, our legal team will help the family members use their uninsured/underinsured auto insurance policy. Since only some have this coverage, it is possible to use that of another close family member. There is no increase in premiums if it is used.
Fairfield Personal Injury Lawyer
I am Ed Smith, and I’m a Fairfield personal injury lawyer. It may be possible for your family to file a wrongful death claim if you’ve lost a loved one because of another driver’s negligence. To speak with one of our wrongful death accident attorneys for their free and friendly advice, call (707) 564-1900 or (800) 404-5400. Additionally, a contact form is available online.
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