There are many issues that can cause a driver to hit a pedestrian. On a recent Monday, before 5 a.m., a tragedy occurred in Texas on the US 190 roadway. When pedestrian accidents result in a fatality, as this one did, it sends a ripple of grief throughout a community.
A prominent issue in this accident is that the section of the road where a 60-year-old woman struck a 37-year-old woman walking on the poorly lit roadway. Investigators say the pedestrian did not have any bright-colored or reflective clothing on at the time. It is difficult to say with certainty whether this incident would have been prevented if there was better lighting on the road.
Investigations following pedestrian accidents can take months
Investigators are still analyzing the fatal accident. In many cases, surviving family members of pedestrians who have been struck by vehicles and died often go on to file wrongful death claims in civil court. State law allows this when evidence shows that another person’s negligence or wrongful behavior was responsible for the death that occurred.
Proving the elements of a wrongful death claim in civil court
Those who file wrongful death claims after pedestrian accidents must be authorized to represent the decedent’s estate. This often includes a spouse, a parent or legal guardian or the adult child of a parent who has died. It is wise to seek legal consultation before initiating a wrongful death claim. In fact, most plaintiffs ask experienced personal injury attorneys to speak and act on their behalf in court.