Many people never think about pedestrian deaths on the freeway. After all, why would a pedestrian be on the highway at all? However, if you have lost a loved one in this horrific way, you know that it is all too common. There are likely many questions you have, including whether or not someone else can be found at fault for the accident. Keep reading for basic information but contact Law Offices of Patrick S. Aguirre at 800-572-1252 for a free legal consultation based on your specific case.
The Statistics Might Surprise You
You might be surprised to learn that of all highway deaths, one in ten involves a pedestrian. Just how are these people? It is common for people to assume that they must be construction workers with a valid reason to be on the highway, but fewer than 1% are. About one in three pedestrian deaths on the highway are motorists who became stranded. The remaining are people who have walked into the freeway in purpose to take a shortcut, or for other reasons.
These Factors Will Determine Who Can Recover After a Freeway Pedestrian Accident
It might seem as though the fact that pedestrians cannot legally walk on the freeway would mean that they are always at fault but this is not the case. There are some factors involved that could lead the surviving family to be able to bring a successful wrongful death lawsuit.
One of the most important factors is whether the pedestrian was at fault for their own accident. For example, did they dart out in the road? If so, then the driver likely could not have stopped at the speed they were going. However, if a person was walking along the shoulder of the highway after their car broke down, and the driver hit them on the shoulder, then the driver would likely be found at least partially if not wholly at fault.
What You Can Recover in a Wrongful Death Lawsuit
If you do have grounds to file a wrongful death lawsuit, you can receive a variety of damages. This could include lost income from the deceased, loss of consortium, costs associated with medical care for the injury before their death, the cost of their funeral, and others, depending on the specifics of the case and the relationship of the plaintiff to the deceased.
Do you want to know what your rights are? Are you curious if you have grounds to file a wrongful death lawsuit? Remember that not everyone can do so – only people with specific relationships to the victim. Contact Law Offices of Patrick S. Aguirre at 800-572-1252 now for a free legal consultation.