Pedestrian Accident and Wrongful Death Claims
Unfortunately, vehicle-pedestrian accidents are all too common across Texas. For example, in late December, a Honda Accord ran a red light and was struck by a delivery van on San Jacinto Boulevard in Austin. This impact caused the Accord to collide with a pedestrian within the crosswalk on 15th street. The man was taken to UMC Brackenridge where he was pronounced dead shortly after arrival.
None of the vehicle drivers were charged with a crime the day of the crash, but local authorities are investigating what happened and who may be responsible for the man’s death. Like all collisions, vehicle-pedestrian accidents range in severity. While some men and women are able to walk away from a crash with minimal harm, others lose their lives. When someone loses their life in a vehicle-pedestrian accident, the family may be able to bring a wrongful death suit in order to recover compensation.
Like all collisions, vehicle-pedestrian accidents range in severity. While some victims are able to walk away from a crash with minimal harm, others lose their lives. When someone loses their life in a vehicle-pedestrian accident, the family may be able to bring a wrongful death suit in order to recover compensation.
Pedestrian Deaths Rose in Some Parts of Texas
Texas is known as a dangerous state for pedestrians. Indeed, it ranked as the 10th most dangerous state for walkers for deaths that occurred between 2003 and 2012, the National Complete Streets Coalition at Smart Growth America reported. During those years, Texas witnessed almost 4,200 pedestrian deaths, which was approximately 10 percent of all pedestrian deaths in the nation during that time.
Houston is also a specific area of Texas that has had a recent rise in traffic deaths. At least 21 pedestrians were killed as of October 31, 2016, a rate already 31 percent higher than the total number of walkers and runners killed in 2015.
Recovering Compensation Due to a Pedestrian Death
It is difficult for family and friends to heal after losing someone in a traffic incident. Insurance companies, lawyers, and courtrooms cannot help a family move forward without a parent, sibling, or child. However, these parties can help a family receive compensation for the death of their loved one from the party responsible for the fatalities.
In Texas, a wrongful death action is exclusively for the surviving spouse, children, or parent of the deceased individual. Any one of these individuals, or a number of them together, can bring a wrongful death claim against the responsible party just so long as the individual who died would have had a personal injury claim against that person or business had he or she lived.
For anyone who is unsure about a wrongful death claim, they can contact an experienced wrongful death attorney. Wrongful death claims may seem simple on the surface, but a lawyer can explain the nuances of Texas law and what a family member can expect when filing this type of claim.
Family members can seek compensation, including medical costs, funeral expenses, and loss of income from the driver who caused the pedestrian death. Additionally, if the family can prove a willful act or gross negligence led to their loved one’s death, they may be able to receive exemplary, or punitive, damages, which are purely meant to punish the responsible party.
Contact Us Today
If you lost a loved one in a vehicle-pedestrian accident, do not hesitate to reach out to the New Braunfels wrongful death attorneys at the Bettersworth Law Firm. We can help you determine if filing a wrongful death claim is right for you and your family.
Sources:
http://kxan.com/2016/12/20/pedestrian-critically-injured-in-downtown-austin-crash/
https://www.smartgrowthamerica.org/app/legacy/documents/dangerous-by-design-2014/dangerous-by-design-2014.pdf
http://www.chron.com/news/houston-texas/houston/article/Pedestrian-deaths-spike-in-Houston-spurring-10594598.php
