2 Matters Concerning Wrongful Death Claims By Families Of Pedestrians Killed In A Car Accident

Motor vehicle accidents take about forty five hundred pedestrian lives each year

. Some of these fatalities will turn into a wrongful death lawsuit. These are complex claims which are frequently strongly defended by insurance companies and involve difficult medical, accident reconstruction and legal issues.

As with any fatal car accident lawsuit, insurance company adjustors, when they suggest any settlement offer whatsoever, will make the amount based not on the injured person's damages but instead on the risk faced by the insurance company. There are various ways in which insurance companies try to reduce their risk. For example, these cases often involve (1) denials of liability by the defendants (driver, employer, others who contributed to the accident) and the insurance companies insuring the defendants; (2) insurance issues (including the unavailability of insurance, underinsurance, multiple insured defendants and excess insurance); (3) economic issues (including whether the victim was married and had any children (especially minor children), the age and general health of the victim, and the loss of future earning capacity) that impact the worth of the case; and (4) non-economic issues that affect case valuation. A lawyer handling one of these claims thus should have the skill and experience to deal successfully with all of the issues that can arise in the matter. Consider:

This case involved a motor vehicle that was spotted speeding shortly prior to the accident. The accident occurred only a short while after 6:00 in the morning. The vehicle was poorly maintained as, according to the police, was low on brake fluid, and had no windshield wiper fluid even though it was being driven with a dirty windshield that could lessen visibility.

The victim in this case was 66 year old female who was trying to cross a street. The female pedestrian was thrown 27 feet by the force of the accident. The impact and her fall left her with a fracture to her ankle, fractures to various ribs, a fracture to her clavicle, and fractures to her skull. After the accident she was transported to a hospital where she died from her injuries. She left behind a husband, five children, and six grandchildren. The law firm that represented her family reported that they obtained a $725,000 settlement at mediation.

This case involved a motor vehicle operated by a female in the early evening hours. She fled the scene of the accident after hitting a male pedestrian. The male victim had a part-time job. The victim had two children. The victim died due to the accident. The female driver was located and arrested by the police. Charges against her were filed for leaving the scene of an accident and for the negligent operation of a motor vehicle causing a death. The law firm which represented the victim's family reported a settlement in the amount of $1.15 million.

While sharing several parallels these cases also differ in various aspects. The law firms that handled each of these cases accomplished substantial recoveries for the families of the victims. Note, however, that the settlement in the second case was more than 50% greater than that in the first. What factors could explain this difference? Well, consider that the victim was 66 years old in the first case. While the report of the case does not deal with this point, it is likely that she was retired and had no real loss of earning capacity. The victim man in the second case was working even if only part-time. The case report, however, does not indicate his age or how much he earned. It also does not offer a loss of earning capacity calculation. But this alone, especially if his children were minors, could account for difference.

Another factor that may have played a role is the amount of insurance coverage available in each case. Finally, the jurisdiction where each case would be tried could also have been a factor. Attorneys know that juries in certain jurisdictions award far less amounts that juries in other jurisdictions.

By comparing these cases it becomes apparent that settlements concerning the death of a pedestrian caused by a motor vehicle accident can be significant. Insurance company adjustors, if they make any settlement offer at all, are going to make an offer based not on the victim's loss but on the risk faced by the insurance company. Thus, a lawyer handling one of these cases on behalf of the victim must never assume that the case will settle. Rather, the attorney can generally position the matter to best improve the chance of a settlement by preparing the case as though it will have to go to trial.

by: J. Hernandez

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