Grimes & Fertitta, P.C.

Family members can take action after fatal pedestrian crashes

Pedestrian accidents are some of the most traumatic and deadly collisions a person can experience on the road. Between the substantial size and weight discrepancy between a person and a vehicle and the fact that the human body is not nearly as durable as steel, glass and other vehicle components, pedestrians involved in these collisions tend to suffer horrific injuries.

Sometimes, an accident that proves fatal for the pedestrian leaves the person in the vehicle without so much as a scratch. That lack of consequences is even more frustrating when the crash is clearly the fault of the person in the vehicle.

The only good news about this situation is the fact that surviving family members in Texas do have the legal right to hold a driver accountable for the death of a loved one. Texas law creates legal and financial culpability for drivers who strike and injure or kill pedestrians.

If the accident results from negligence or a wrongful act, you have rights

The law regarding wrongful death lawsuits in Texas is relatively straightforward. Surviving family members and dependents can bring action against any individual who causes the death of another through negligence or a wrongful act.

Wrongful acts typically involve intentionally violating the law. In the case of motor vehicle collisions, a wrongful act could include driving above the speed limit, driving in a manner that is unsafe for weather conditions, texting at the wheel or choosing to drive while chemically impaired. Negligence can include failing to maintain a vehicle or not taking steps to keep pedestrians safe.

If you have any reason to believe that the collision that claimed the life of your loved one resulted from a driver behaving in an illegal or negligent manner, you may have the rights to hold that person accountable in court for the financial impact the crash has had on your family.

Wrongful death claims help you offset the costs of a sudden loss

An unexpected, accidental death can have a major impact on your daily life. Your family may have depended on the deceased party for income, particularly if they were the main wage earner in your family. That means you will experience some financial turmoil as you attempt to adjust to lower income levels or a total lack of income.

There are also the direct expenses related to your loved one's death. Those expenses include medical costs for treatment after the accident and funeral costs. If your loved one frequently provided services around the house, whether it was child care and cleaning or yard maintenance and repairs, you can also include the likely costs of the loss of that service in your claim.

Exploring the relationship you had with your loved one and how they helped maintain your household can make it easier for you to determine a reasonable claim amount in a Texas wrongful death lawsuit resulting from a motor vehicle collision.

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