Wednesday, November 5, 2008

Pedestrian Death Caused by Reckless Driving

Road accidents involving pedestrians are common. More often than not, incidents like these usually involve an innocent bystander who happened to be in the way of a reckless driver who lost control of his wayward vehicle, resulting in unnecessary loss of life and damage to property.

Take the case of the “Teen Killed in Los Angeles County Pedestrian Accident Monday”, posted on November 3, 2008. The incident had all the marks of a tragic accident involving a pedestrian.

This time, the incident had a 15-year old pedestrian who was about to cross Ventura Boulevard when a car driven by a 42-year old woman, struck the boy then crashed into another car. The car had apparently run a red light before the accident.

Car accidents caused by recklessness have corresponding penalties under the torts law. In most pedestrian accidents, the injured party may recover damages for past and future medical expenses, loss of wage, and pain and suffering. In some cases where the erring party’s conduct is extreme, punitive damages may also be awarded.

If the pedestrian dies because of the accident, the victim’s survivors are entitled to receive full compensation for the economic losses that result from his death, including damages that arise from the “loss of society care and comfort”.

In fatal accidents involving pedestrians, the victim’s survivor may get compensation for their losses by filing a wrongful death claim against the erring driver. With the assistance of a personal injury lawyer, they can determine who is at fault and be able to establish liability in the case.

Pursuing claims in pedestrian accidents may not be easy, especially for the grieving relatives of a dead victim, thus the professional services of a lawyer is often necessary.