Pedestrian wearing dark clothes crosses an unlit dark street at 8 pm. he is hit by a large truck and instantly killed with gruesome injuries. police found high alcohol in blood test.what recourse does family have for pedestrian ?
6 Answers from Attorneys
They can file suit. Just because he had alcohol and dark clothes does not mean he was at fault. Any attorney would need more information.
I had a similar case not too long ago. My client wasn't killed, but he was left severely injured, unconscious in the hospital for over a week, and when he woke up he had no memory of the accident. Only then were the hospital staff able to identify him and call his family, who had been looking for him the whole time. The family came to me to find out what had happened. The police denied having any report about him, but when I got involved I was able to find out that they did, and that they blamed him because he was crossing outside a crosswalk, late at night in dark clothes, while intoxicated. Nevertheless, after I filed a lawsuit I was able to prove that the driver should have seen him and we obtained a multiple six-figure recovery for the family. Just remember, sometimes when the going gets too tough, you just need to get someone tough to help you keep going. It's exactly in situations like yours that you need to consult an attorney. Give me a call and I'll be glad to evaluate your case. (877) LION-FOR-LAW (546-6367)
Truck drivers have a duty of care to operate thie vehicles in a safe manner and that certainly includes a dark street regardless of whether the pedestrian is wearing dark clothing or was intoxicated. If this tragic accident occurred in California the driver should have stopped for this person. The family still has rights to make a wrongful death claim so long as it is within the statute of limitations. (California has a tow year statute, but other states may be different. Check with an attorney for the law in the state where the accident occurred.
What may be another factor is if there have been other such accidents at this location which might have put the city on notice of a need to add lighting for increased safety. But if the city had liability there is a duty to put in on notice of a claim within 180 days of the loss. I hope this helps.
The family's option here is to get a competent lawyer who will explore and evaluate the case properly. In California the law allows for comparative fault. Meaning, if the decedent was at fault for example 30% the family still can collect the 70% from the truck driver.
If you have further questions feel free to call 888-9ENFORCER.
Sorry for your loss.
Hello again, just writing to follow-up and make sure you're getting the help that you need. As you can tell by all the responses you got, it's important that you consult directly with an attorney about this matter. The initial consultation is free and there's no obligation, you can ask all your questions without worry and then make your decision. So if you still don't have a lawyer, make sure to call today 877-546-6367 or email me at [email protected]
First and foremost I want to express my sincere condolences to the family of the pedestrian who was killed tragically in this unfortunate accident.
Such a loss is devastating and my office is extremely sensitive to such situations and we help our clients with the healing process each step of the way. I have handled numerous similar cases and we have obtained maximum compensation for the family of the decedent. Such a case may also involve a government claim against the city/county for a roadway design defect for having inadequate street lighting, etc. The statute of limitations for a government case is only 6 months and so the family should hire an attorney as soon as possible. Also, the family certainly has rights to file a case against the truck driver for the wrongful death of the pedestrian. Please have the family of the decedent call me at their earliest convenience so that I may discuss the case with them. My office provides free initial consultations on all cases and we represent victims on a contingency basis which means that the family does not have to pay us any attorney’s fees unless we recover a settlement for them. I have been an attorney for 20 years and I have exclusively represented plaintiffs. My office provides unparalleled representation to all of our clients. We are aggressive and we fight for all of our clients in order to get the compensation they deserve. Please visit our website at hakiminjurylaw.com and you can contact me directly at 1800-LAW-TALK.
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Am looking for lawyer i leave oakland ca dont win dont pay Asked 10/10/15, 1:16 pm in United States California Personal Injury Law and Tort Law