Families are left with an unbearable mix of grief and anger after losing a loved one in a hit-and-run. The shock of a fatal pedestrian hit-and-run is made even worse by a driver’s decision to flee, knowing that they are leaving behind a seriously injured or fatally wounded victim. Not only does this affect you emotionally, but it has serious financial and legal consequences. That’s why it’s important to discuss your options with a pedestrian accident attorney as soon as possible.
At DeWitt Algorri & Algorri, LLP, we understand the grief and legal challenges families face after a fatal accident. You should have the time and mental space to be with your family and process your grief—not try to chase down a cowardly driver who left you to pick up their mess. Our wrongful death attorneys in California has several experienced lawyers committed to helping families move forward. Attorney Mark Algorri has spent decades advocating for victims against greedy insurance companies and their underhanded tactics. Find out how we can help now—schedule a consultation with a wrongful death lawyer by calling 855-WINNING (946-6464).
The Tragedy of Pedestrian Hit-and-Run Accidents
Pedestrians are some of the most vulnerable road users in California. Drivers have the protection of a multi-ton vehicle carefully constructed to shield them from serious injury, and even bicyclists have helmets and other protective gear that can help them if an accident occurs. When a pedestrian is hit by an inattentive driver, severe or fatal injuries are far more likely to follow. These accidents often occur at intersections, in crosswalks, or at night. You’ll find that many of these accidents involve impaired, distracted, or speeding drivers.
Families often find that the fallout of these accidents goes beyond the emotional loss they experience. The sudden hit of funeral expenses, long-term financial instability, and medical bills they may have incurred prior to death can be too much. In a hit-and-run collision, there’s not even any clear party to hold responsible.
Wrongful Death Claims Under California Law
If you talk to a pedestrian accident attorney about your next step, ensure that they also handle wrongful death claims. In California, certain immediate family members can file a wrongful death claim. These include a surviving spouse or domestic partner, children, and others financially dependent on the deceased.
In pedestrian fatality cases, the parties who bring a wrongful death claim may be entitled to funeral and burial costs, the loss of financial support, and the loss of companionship the deceased would have provided. Of course, if the driver is not identified, the right to file a claim does not mean that compensation is guaranteed—this is one reason that efforts to find the at-fault driver continue long after the accident.
Uninsured Motorist Coverage
Hit-and-run drivers are legally treated as uninsured drivers when it comes to receiving compensation from insurance. Your pedestrian accident lawyer may help you tap into uninsured motorist coverage provided by the decedent’s insurance policy. This required an in-depth analysis of the insurance policy, what it covers and excludes, and its limits.
Insurance companies tend to scrutinize uninsured motorist claims heavily, much as an opposing party’s insurance provider would. Working with an attorney can help you fight for the compensation you are entitled to as a result of your loved one’s death.
California Victim Compensation Board
Beyond insurance compensation, families can seek assistance through the California Victim Compensation Board. Fleeing the scene of an accident is a crime, and the CalVCB strives to reduce the impact of crime on victims’ and their loved ones’ lives. CalVCB may offer help with medical treatment, funeral and burial, income loss up to five years, support loss for dependents, and other approved expenses. You do have to go through an application process to prove eligibility.
What Happens if the Driver is Later Identified
In the era of doorbell cameras, traffic cameras, and dashcams, it isn’t uncommon for drivers to be caught months or even years after the fact. When this happens, families may be able to recover compensation from the at-fault party. Criminal prosecution is a separate process, but you can seek civil compensation via a wrongful death lawsuit.
Protect Your Legal Rights With A Wrongful Death Law Firm in California
If you’ve lost a loved one due to a negligent driver, you don’t have to take on your legal challenges alone. The team at DeWitt Algorri & Algorri, LLP is here to support you throughout the process. Reach out online or call the firm at 855-WINNING (946-6464) to schedule a time to meet with an attorney now.
