One common type of accident which often results in a wrongful death action as well as a criminal case is the pedestrian accident. When a pedestrian is struck and killed, it is often because the driver of a motor vehicle was behaving recklessly or negligently, and in violation of the law. Because two types of actions may be pursued against the defendant, there is an opportunity for the victim’s family to obtain financial recovery for their loss, as well as the possibility that the responsible party will receive criminal punishment for their actions.
Unfortunately, pedestrian accidents happen more frequently than you may realize. One pedestrian somewhere in America is struck and killed by a vehicle every two hours. This means that twelve pedestrians die in accidents every day. Some pedestrians who are involved in accidents do survive, and they receive injuries which range from scrapes and bruises to severe head injuries and loss of limbs. Many pedestrians do not survive accidents with motor vehicles, though, because the force of the impact from the vehicle can throw them or crush them, causing life-threatening injuries or immediate death at the time of the accident.
Families of pedestrian accident victims can seek two forms of civil damages after losing someone that they love in a pedestrian accident. The first type of civil action is a survival action, which is brought against the at-fault driver by the family members of the deceased for the purpose of recovering the damages which were suffered by the deceased as a result of the accident. The second type of civil action is a wrongful death action. Wrongful death actions serve the purpose of helping the families of pedestrian accident victims recover for damages that they have experienced due to the losses of their loved ones. These damages include loss of support, loss of companionship, and funeral expenses.
Since pedestrian accidents sometimes occur when the at-fault driver is not breaking the law, families of accident victims should take comfort in knowing that survival and wrongful death actions can still be pursued under these kinds of circumstances. The only difference from this scenario and other pedestrian accidents which do involve unlawful behavior on the part of the at-fault driver is that in cases where there is unlawful behavior, there are also likely to be criminal charges filed. Driving under the influence of alcohol is a common cause of pedestrian accidents involving unlawful behavior. Speeding is another commonly cited unlawful behavior which often results in pedestrian deaths. Sometimes, the conduct of the at-fault driver exceeds that which we would classify merely as unlawful behavior. These cases receive special treatment under criminal laws, with vehicular manslaughter or involuntary manslaughter charges often being filed in cases of extreme recklessness.
If someone that you love was killed in a pedestrian accident, it is essential that you speak with an attorney as soon as you can in order to protect your rights. A Kansas City Wrongful Death Attorney can help you to understand the process of pursuing a claim for damages, and what you might expect to happen along the way from start to finish. The experienced Kansas City Wrongful Death Attorneys at Hubbard & Kurtz, L.L.P. help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many other Kansas and Missouri communities. We offer caring and compassionate assistance to our wrongful death clients as they navigate a very difficult time in their lives. Please call us today, at (816) 472- 4673 to arrange for an initial consultation.